O-2006-2901-B - Laserfiche WebLink

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Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 42-104. Exceptions. Sex Offender Residency Prohibition; Penal ty ; and (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than seventeen (17) years of age, it is unlawful for that person to establish a permanent residence or temporary residence wi thin 1000 feet of any premises where children commonly gather, including a playground, school, video arcade facili ty, public or private youth center, or public swimming pool, as those terms are defined in Section 481.134 of the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. It shall be prima facie evidence that this Article applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than seventeen (17) years of age. (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The City shall review the map at least annually for changes, and it will be available at the La Porte Police Department. (c) Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety zone ban.