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<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 />opened after the person established the permanent <br />or temporary residence was opened after the <br />person established the permanent or temporary <br />residence and complied with all sex offender <br />registration laws of the State of Texas. <br />6) The person proves that the information on the <br />Database is incorrect and that, if corrected, <br />this chapter would not apply to the person. <br />7) The person is under an order of a court of <br />competent jurisdiction in the State of Texas or <br />of the Texas Department of Criminal Justice <br />Parole Board instructing the person to reside at <br />a location within 1000 feet of any premises where <br />children commonly gather. <br />8) In the case of persons renting property, the <br />property owner conducted a criminal history check <br />with the Texas Department of Public Safety and <br />reviewed the Department of Public Safety's sexual <br />predator registration database and that at the <br />time the property owner conducted the criminal <br />history check and reviewed the sexual predator <br />database, the sexual offender's criminal history <br />did not include a record of a sexual offense and <br />the offender's name did not appear in the <br />database. <br /> <br />Sec. 42-10~7. Penalty for violation of this Article. <br /> <br />^ny Person, ~~ the term ~Per~on" i~ defined in the Tex~s Pen~l <br />Code, '..ho TvTiol~te~ thi~ 7\rticle ~nd upon cowvTiction in the <br />munieip~l court of this city, sh~ll be guilty of ~ mi~deme~nor <br />~nd ~ubject to ~ fine for e~ch offen~e in ~n ~mount e~t~bli~hed <br />by the City ~nd listed in l\.ppendix B of thic Code, but in no <br />event ~hall ~ueh fine exceed $500." <br /> <br />Any person who violates any provision or requirement hereof <br />and is convicted in the municipal court of this city of <br />violating any provision, restriction, requirement, or <br />prohibition of this chapter shall be guilty of a misdemeanor and <br />subject to a fine, in a sum of not more than five hundred <br />dollars ($500.00) for each violation, as listed in Appendix B of <br />this Code. A separate offense shall be deemed committed on each <br />day on which a violation occurs. <br />