[HISTORY: Adopted by the City Council of the City of Seward 12-20-2016 by Ord. No. 2016-22 (Ch. 6, §§ 6-701 through 6-703, of the 1976 Code). Amendments noted where applicable.]
The Nebraska Legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons' place of residency as provided in the Sexual Predator Residency Restriction Act (Neb. RS 29-4015 through 29-4017).
Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.
It is the intent of this chapter to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City of Seward by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A facility licensed pursuant to the Child Care Licensing Act (Neb. RS 71-1980 et seq.).
- POLITICAL SUBDIVISION
- A village, a city, a county, a school district, a public power district, or any other unit of local government.
- A public, private, denominational, or parochial school which meets the requirements for accreditation or approval prescribed in Neb. RS Chapter 79.
- SEX OFFENDER
- An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act (Neb. RS 29-4001 et seq.).
- SEXUAL PREDATOR
- An individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. RS 29-4001.01, and who has victimized a person 18 years of age or younger.
Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet from a school or child-care facility.
Measure of distance. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child-care facility.
A person who violates this article shall be punished as provided generally in the Code.
This article shall not apply to a sexual predator who:
Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;
Established a residence before July 1, 2006, and has not moved from that residence; or
Established a residence after July 1, 2006, and the school or child-care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.