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O-2010-3296 Tabled/prohibiting the lease of property to sex offenders
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O-2010-3296 Tabled/prohibiting the lease of property to sex offenders
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Last modified
7/5/2019 4:22:38 PM
Creation date
11/18/2010 3:16:09 PM
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Legislative Records
Legislative Type
Ordinance
Date
11/8/2010
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Minor is an individual younger than 17 years of age as defined by <br />Section 15.031 of the Texas Penal Code. <br />Permanent residence is a place where a person abides, lodges, or <br />resides for fourteen (14) or more consecutive days. <br />Person is an individual, firm, corporation, or other business <br />entity as defined by Chapter 1.07(a)(38) of the Texas Penal Code. <br />Temporary Residence is: <br />a) a place where a person abides, lodges, or resides for <br />fourteen (14) or more days in the aggregate during any calendar <br />year and which is not the person's permanent address; or <br />b) a place where a person routinely abides, resides, or lodges <br />for a period of 4 or more consecutive days in any month and <br />which is not the person's permanent residence. <br />Sec. 42-104. Sex Offender Residency Prohibition. <br />(a) If a person is required to register on the Department <br />of Public Safety's Sex Offender Database because of a <br />violation involving a victim who was less than <br />seventeen (17) years of age, it is unlawful for that <br />person to establish a permanent residence or temporary <br />residence within 1000 feet of any premise where <br />children commonly gather, including a playground, <br />school, video arcade facility, public or private youth <br />center, or public swimming pool, as those terms are <br />defined in Section 481.134 of the Texas Health and <br />Safety Code, or a child care facility, as that term is <br />defined in Section 42.002 of the Texas Human Resources <br />Code. It shall be prima facie evidence that this <br />article applies to such a person if the person's <br />record appears on the Database and the Database <br />indicates that the victim was less than seventeen (17) <br />years of age. <br />(b) For the purpose of determining the minimum distance of <br />separation, the requirement shall be measured by <br />following a straight line from the outer property line <br />of the permanent or temporary residence to the nearest <br />property line of the premises where children commonly <br />gather, as described herein, or in the case of <br />multiple residences on one property, measuring from <br />the outer property line of the multi -residence <br />premises following a straight line to the nearest <br />property line of the premises where children commonly <br />gather, as described herein. A map generally depicting <br />the prohibited areas is attached to this ordinance for <br />representation purposes. The City shall review the <br />
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