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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 Type
Ordinance
Date
11/8/2010
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map at least annually for changes, and it will be <br />available at the La Porte Police Department. <br />(c) Nothing in this ordinance shall be interpreted to <br />modify or reduce the State's child safety zone ban. <br />(d) Neither allegation nor evidence of a culpable mental <br />state is required for the proof of an offense defined <br />in this Article. <br />Sec. 42-105. Property Owners Prohibited from Renting Real <br />Property to Sex Offenders <br />It is unlawful to let or rent any place, structure or part <br />thereof, with the knowledge that it will be used as a permanent <br />residence by any person prohibited from establishing such <br />permanent residence pursuant to the terms of this article, if <br />such place, structure or part thereof, is located within one <br />thousand (1,000) feet as defined in section 42-104, of any <br />premises where children commonly gather, including a playground, <br />school, day care facility, video arcade facility, public or <br />private youth center, neighborhood, or public swimming pool, as <br />those terms are defined in Section 481.134 of the Health and <br />Safety Code of the State of Texas. Prior to renting any <br />premises, all persons renting property in the City of La Porte <br />for permanent residence are required to first check the resident <br />through the Texas Department of Public Safety Registered Sex <br />Offender website at <br />https://records.txdps.state.tx.us/DPS WEB/Sor/index.aspx?PageInd <br />ex=Caveats&SubmitType=Name) or contact the La Porte Police <br />Department to obtain necessary information to assure compliance <br />with this article. <br />Sec. 42-106. Affirmative Defenses. <br />It is an affirmative defense to prosecution under this <br />article that any of the following conditions apply: <br />1) The person established the permanent or temporary <br />residence has complied with all the sex offender <br />registration laws of the State of Texas, prior to <br />the date of the adoption of this ordinance. <br />2) The person established the permanent residence <br />prior to conviction of an offense requiring sex <br />offender registration as defined in Chapter 62 of <br />the Texas Code of Criminal Procedure. <br />3) The person was a minor when he/she committed the <br />offense and was not convicted as an adult. <br />4) The person is a minor. <br />5) The premises where children commonly gather, as <br />specified herein, within 1000 feet of the <br />person's permanent or temporary residence was <br />
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