[Added by Ord. No. 1109, 5-2-2006]
A. The Nebraska Legislature, pursuant to Neb. Rev. Stat. § 29-4002,
has found that certain sex offenders present a high risk to commit
repeat offenses.
B. Repeat sex offenders who use physical violence and prey on children
are sexual perpetrators who present an extreme threat to public safety.
Certain sex offenders are extremely likely to use physical violence
or to repeat their offenses. These offenders commit many offenses,
have many more victims than are ever reported, and are prosecuted
for only a fraction of their crimes. This makes the cost of sex offender
victimization to society at large, while incalculable, extremely exorbitant.
C. It is the intent of this Article to serve the City's compelling interest
to promote, protect and improve the health, safety and welfare of
the citizens of the City by creating certain areas around locations
where children regularly congregate in concentrated numbers where
certain sex offenders cannot reside, loiter or be present without
being accompanied.
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A. SEX OFFENDER – Shall be anyone defined in the Sex Offender
Registration Act (Sections 29-4001 to 29-4013, inclusive, Neb. Rev.
Stat.) or any amendments thereto, or any person convicted under the
law of another state if, at the time of the conviction under the law
of such other state, the offense for which the person was convicted
would have required registration under the Nebraska Sex Offender Registration
Act, if the conviction had occurred in Nebraska.
B. CHILD SEX OFFENDER – Shall mean a sex offender, classified
as Risk Level 3, and convicted of any offense subject to the Nebraska
Sex Offender Registration Act or a Sex Offender Registration Act or
similar requirement of any other state in which the offender was an
adult at the time of conviction and the victim was a minor.
C. RESIDENCE – Shall mean a place where the person regularly sleeps,
where the person has established his home, where he is habitually
present, and to which when he departs he intends to return. A residence
may include more than one location and may be mobile or transitory.
Residency may be shown by, among other evidence, receipt of mail at
the premises or identification of the premises as a residence on a
driver's license, identification card, vehicle registration or other
document.
D. CHILD CARE FACILITY – Shall mean a place with a license issued
under the Nebraska Child Care Licensing Act, Sections 71-1908 to 71-1923,
as currently existing or hereafter amended.
E. LOITER – For purposes of this Article shall mean:
(1) Standing, sitting idly, whether or not the person is in a vehicle
or remaining in or around any of the premises described in this Article;
or
(2) Standing, sitting idly, whether or not the person is in a vehicle
or remaining in or around any of the premises described in this Article,
for the purpose of committing or attempting to commit a sex offense;
or
(3) Entering or remaining in a building in or around any of the premises
described in this Article, other than the offender's residence.
[Added by Ord. No. 1109, 5-2-2006]
A. Prohibited on School Grounds and Conveyances. It is unlawful for
a child sex offender to knowingly be present in any school building,
on real property comprising any school, or in any conveyance owned,
leased, or contracted by a school to transport students to or from
school or a school related activity when persons under the age of
18 are present in the building, on the grounds or in the conveyance.
B. Loitering Prohibited Near School Grounds. It is unlawful for a child
sex offender to knowingly loiter within 500 feet of a school building
or real property comprising any school while persons under the age
of 18 are present in the building or on the grounds, unless the said
child sex offender is an invitee of a person who resides within 500
feet of a school building or real property comprising a school and
is accompanied by such resident, provided such resident is not also
a child sex offender.
C. Exception for Parents. A child sex offender does not commit a violation
of subsection A of this Section if that child sex offender is the
parent or legal guardian of a child enrolled in the school building
and the following circumstances apply and requirements are complied
with:
1. The parent or guardian is attending a conference at the school with
school personnel to discuss the progress of his or her child academically
or socially, review for placement, retention or promotion or other
student issues concerning his or her student.
2. The parent or guardian is attending a function at the school of which
his or her child is an active part. Such functions include by way
of illustration and not limitation, athletic contests, music concerts,
theatrical performances and academic competitions.
3. Prior to entering upon the school property during regular school
hours, a parent or guardian shall contact the school principal (or
his or her designee) and communicate to the principal of the parent's
intended presence. Such communication shall include the purpose of
the parent's presence, the anticipated time of the parent's arrival
and the anticipated time of the parent's departure. The principal
shall communicate to the parent any conditions to be imposed upon
the parent during the parent's presence at the school, which conditions
may include that the parent be accompanied at all times by an appropriate
individual, approved by the principal. Upon arrival at the school
the parent shall immediately check in at the school's office and shall
inform the office of his or her departure.
4. Prior to entering upon the school property at times other than regular
school hours, a parent or guardian shall contact the school principal
(or his or her designee) and communicate to the principal of the parent's
intended presence. Such communication shall include the purpose of
the parent's presence, the anticipated time of the parent's arrival
and the anticipated time of the parent's departure. The principal
shall communicate to the parent any conditions to be imposed upon
the parent during the parent's presence at the school, which conditions
shall include that the parent be accompanied at all times by an appropriate
individual, approved by the principal. In the event the parent does
not receive communication from the principal (or his or her designee)
such lack of communication shall be deemed a refusal to authorize
the presence of the child sex offender.
D. Exception for Non-Parents. A child sex offender does not commit a
violation of subsection A of this Section if that child sex offender:
1. Is in the school or upon the school grounds for a legitimate business
purpose as a representative of a commercial company supplying goods
or services to the school building, provided however, that prior to
entering upon the school grounds when children under the age of 18
years are present, such individual shall contact the principal (or
his or her designee) and communicate to the principal the individual's
intended presence. Such communication shall include the purpose of
the individual's presence, the company or business he is representing,
the anticipated time of his or her arrival and the anticipated time
of his or her departure. The principal shall communicate to the individual
any conditions to be imposed upon the individual during his or her
presence at the school, which conditions shall include that the individual
be accompanied at all times by an appropriate individual, approved
by the principal.
2. Is a grandparent, aunt, uncle, first cousin, brother or sister of
a child enrolled in the school and is attending a function at the
school of which the child to which he or she is related is an active
part, provided, however, that the related person shall at all times
be accompanied by and in the presence of the parent or guardian of
the enrolled child taking part in the function. Such functions include
by way of illustration and not limitation, athletic contests, music
concerts, theatrical performances and academic competitions.
E. Exception for Residence. A child sex offender does not commit a violation
of subsection B of this Section if that child sex offender is a bona
fide resident of residential property located within 500 feet of the
school property and is present on the property.
F. Constitutional Exception. Nothing in this Section shall be construed
to infringe upon the constitutional right of a child sex offender
to be present in a school building that is used as a polling place
for the purpose of voting or for the purpose of exercising his or
her constitutional First Amendment rights.
[Added by Ord. No. 1109, 5-2-2006]
A. It is unlawful for a child sex offender to knowingly be present in
any public park building or on real property comprising any public
park or on the premises of Oak Hills Pool when persons under the age
of 18 are present in the building, on the grounds or at the pool and
to approach, contact, or communicate with a child under 18 years of
age, unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds or unless
the offender is accompanied by a responsible adult who is not a sex
offender.
B. It is unlawful for a child sex offender to knowingly loiter on a
public way within 500 feet of a public park building or real property
comprising any public park or while persons under the age of 18 are
present in the building or on the grounds and to approach, contact,
or communicate with a child under 18 years of age within said 500-foot
zone, unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds or unless
the offender is accompanied by a responsible adult who is not a sex
offender.
C. It is unlawful for a child sex offender to knowingly loiter on a
public way within 500 feet of a child care facility while persons
under the age of 18 are present in the building or on the grounds
and to approach, contact, or communicate with a child under 18 years
of age within said 500-foot zone, unless the offender is a parent
or guardian of a person under 18 years of age present in the building
or on the grounds or unless the offender is accompanied by a responsible
adult who is not a sex offender.
D. It is unlawful for a child sex offender to knowingly loiter on a
public way within 500 feet of the premises of Oak Hills pool while
persons under the age of 18 are present in the pool or on the premises
of the pool and to approach, contact, or communicate with a child
under 18 years of age within said 500-foot zone, unless the offender
is a parent or guardian of a person under 18 years of age present
in the building or on the grounds or unless the offender is accompanied
by a responsible adult who is not a sex offender.
[Added by Ord. No. 1109, 5-2-2006]
Any person subject to the Nebraska Sex Offender Registration
Act shall, upon making request to the Ralston Police Department, be
provided a copy of this Article and any current amendments.