[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.]
A.Â
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).
B.Â
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.
C.Â
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:
A facility licensed pursuant to the Child Care Licensing
Act (Neb. RS 71-1908 et seq.).
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.
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.).
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.
A.Â
Prohibited
location of residence. It is unlawful for any sexual predator to reside
within 500 feet from a school or child-care facility.
B.Â
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.[1]
This article shall not apply to a sexual predator who:
A.Â
Resides within a prison or correctional or treatment facility operated
by the state or a political subdivision;
B.Â
Established a residence before July 1, 2006, and has not moved from
that residence; or
C.Â
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.
