The city council finds that sex offenders who are required to
register under state law present a threat to the health, safety and
welfare of children. 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
areas around locations where children regularly congregate in concentrated
numbers wherein certain registered sex offenders and sexual predators
are prohibited from establishing temporary or permanent residency.
(Ordinance 2010-038, sec. 2, adopted 9/27/10; 1988 Code, sec. 21-200)
For the purposes of this article, the following terms, words
and the derivations thereof shall have the meaning given herein:
means any person under the age of seventeen (17).
means a facility licensed, certified, or registered by the
state department of family and protective services to provide assessment,
care, training, education, custody, treatment, or supervision for
a child who is not related by blood, marriage, or adoption to the
owner or operator of the facility, for all or part of the twenty-four-hour
day, whether or not the facility is operated for profit or charges
for the services it offers.
means a child-care facility that provides [care] for more
than twelve (12) children twenty-four (24) hours a day, including
facilities known as children’s homes, halfway houses, residential
treatment centers, emergency shelters, and therapeutic camps.
means public parks or playgrounds, private and public schools,
public libraries, public swimming pools, child-care facilities, child-care
institutions, day-care centers, public or private youth soccer or
baseball fields, crisis centers or shelters, skate parks, public or
private youth centers, and offices for child protective services.
means the state department of public safety’s sex offender
database or the sex offender registration files maintained by the
sex offender registration officer of the city police department.
means a child-care facility that provides care at a location
other than the residence of the director, owner, or operator of the
child-care facility for seven (7) or more children under fourteen
(14) years of age for less than twenty-four (24) hours a day, but
at least two (2) hours a day, three (3) or more days a week.
means any land, including improvements to the land, that
is administered, operated or managed by the city for the use of the
general public as a recreational area.
means a place where the person abides, lodges or resides
for fourteen (14) or more consecutive days.
means a private or public preschool, private or public elementary
school or private or public secondary school, which shall include
private or public home-schools.
means an individual who has been convicted of or placed on
deferred adjudication for a sexual offense involving a person under
seventeen (17) years of age for which the individual is required to
register as a sex offender under state law.
means a place where a person abides, lodges or resides for
a period of fourteen (14) or more days in the aggregate, during any
calendar year, and which is not the person’s permanent address,
or a place where the person routinely abides, lodges or resides for
a period of four (4) or more consecutive or nonconsecutive days in
any month and which is not the person’s permanent residence.
(Ordinance 2010-038, sec. 2, adopted 9/27/10; 1988 Code, sec. 21-201)
It is unlawful and an offense for a sex offender to establish
a permanent residence or temporary residence within one thousand (1,000)
feet of the real property comprising a school, child-care facility,
child-care institution, day-care center, park or playground or other
places defined herein as a child safety zone.
(Ordinance 2010-038, sec. 2, adopted 9/27/10; 1988 Code, sec. 21-203)
(a)
It
shall be prima facie evidence that this article applies to such a
person if that person’s record appears in/on the database and
the database indicates that the victim was less than seventeen (17)
years of age.
(b)
The
distance of one thousand (1,000) feet shall be measured on a straight
line from the closest boundary line of the sex offender’s residence
to the closest boundary line of the school, child-care facility, child-care
institution, park or playground or other places defined herein as
a child safety zone.
(c)
In
the case of multiple residences on one (1) property, measuring from
the nearest property line of the residences to the nearest property
line of the school, child-care facility, child-care institution, park
or playground or other places defined herein as a child safety zone.
(d)
In
cases of a dispute over measured distances, it shall be incumbent
upon the person(s) challenging the measurement to prove otherwise.
(e)
A
map depicting the prohibited areas shall be created by the city and
maintained by the city police department. The city shall review the
map annually for changes. Said map will be available to the public
at the city police department or available on the city website or
city police department website.
(Ordinance 2010-038, sec. 2, adopted 9/27/10; 1988 Code, sec. 21-204)
(a)
The
following exceptions shall be an affirmative defense to prosecution
for a violation of this article:
(1)
The person required to register in/on the database established the
permanent residence or temporary residence and residency has been
consistently maintained and the person has complied with all of the
sex offender registration laws of the state, prior to the date of
the adoption of this article;
(2)
The place defined herein as a child safety zone and within one thousand
(1,000) feet of the permanent or temporary residence of the person
required to register on/in the database was opened after the person
established the permanent or temporary residence and complied with
all sex offender registration laws of the state;
(3)
The information on/in the database is incorrect, and, if corrected,
this article would not apply to the person who was erroneously listed
on/in the database;
(4)
The person required to register on/in the database was a minor when
he or she committed the offense requiring such registration and was
not convicted as an adult;
(5)
The person required to register is required to serve a sentence at
a jail, prison, juvenile facility or other correctional institution
located within one thousand (1,000) feet of the real property comprising
a school, child-care facility, child-care institution, day-care center,
park or playground or other places defined herein as a child safety
zone;
(6)
The person required to register is under eighteen (18) years of age
or a ward under a guardianship, who resides with a parent or guardian;
(7)
The person required to register has been exempted by a court order
from registration as a sex offender under state law;
(8)
The person required to register has had the offense for which the
sex offender registration was required reversed on appeal or pardoned;
or
(9)
The person’s duty to register on/in the database has expired.
(b)
Nothing
in this provision shall require any person to sell or otherwise dispose
of any real estate or home acquired or owned prior to the conviction
of the person as a sex offender.
(Ordinance 2010-038, sec. 2, adopted 9/27/10; 1988 Code, sec. 21-205)
(a)
Applicant
Chronic care hospital
Convalescent home
Hospice residential care facility
Long-term care facility
Non-ambulatory
Residence home for the aged
Short-term residency
Definitions.
For the purposes of this section, the following
terms will have the following meanings:
means a registered sex offender subject to the provisions
of this article who applies with the chief of police for a waiver
of the restrictions of this article for the purposes of establishing
a short-term or permanent residency in a long-term care facility for
the purposes of receiving medical, rehabilitative, or hospice services
or for the purposes of receiving long-term care due to the infirmities
of age.
means an institution where those persons suffering from generally
permanent types of illness, injury, deformity, deficiency or age are
given care and treatment on a prolonged or permanent basis and which
is licensed by the state.
means any structure used for or customarily occupied by persons
recovering from illness or suffering from infirmities of age.
means a freestanding licensed hospice facility which provides
palliative and supportive medical and other health services to meet
the physical, psychological, social, spiritual, and special needs
and/of terminally ill patients and their families in a residential
setting.
means a convalescent home, hospice residential care facility,
chronic care hospital or residence home for the aged as defined herein.
means bedridden and incapable of walking without assistance
from another person.
means a home where elderly people are provided with lodging
and meals with or without nursing care.
means an admission to a long-term care facility for the purposes
of physical rehabilitation for a period of less than six (6) weeks.
(b)
Procedure for obtaining waiver of residency restrictions.
(1)
A registered sex offender subject to the provisions of this article
may apply to the chief of police for permission to establish a short-term
or permanent residence in a long-term care facility. The chief of
police shall implement an application procedure which will require
that the applicant submit the following:
(A)
A completed application form verified by the applicant or by the
applicant’s legal guardian or next of kin if the applicant is
incapable of verifying the application.
(B)
A statement by a physician licensed to practice medicine by the state
certifying:
(i)
The condition or conditions for which admission or residency
in a long-term care facility is necessary.
(ii)
That the applicant is non-ambulatory and otherwise incapable
of moving from place to place unassisted, or, if the placement in
the long-term care facility is to be for less than six (6) weeks’
duration (short-term residency), that the applicant’s mobility
is impaired to the extent that it would be difficult for the applicant
to leave the facility unassisted.
(iii)
The length of time the applicant is likely to require residency
in the long-term care facility.
(C)
Documentation in the form of medical records supporting the allegations
in the application and physician’s certification. The chief
of police, at his or her discretion, may limit the forms of documentation
required to clinic notes, history and physical reports, admission
notes, discharge notes or similar documents.
(2)
The application shall be deemed received when the application, physician’s
certification, and supporting medical documentation have been submitted
to the satisfaction of the chief of police and certified by him as
received and adequate upon which to base a decision for approval or
denial. The chief of police shall then have ten (10) business days
to either approve or deny the application.
(c)
Criteria.
(1)
Short-term residency in long-term care facility.
A properly
submitted and documented application to establish a short-term residence
in a long-term care facility will be granted if the mobility of the
applicant is impaired to the extent that it would be difficult for
the applicant to leave the facility unassisted as certified by physician
licensed to practice medicine in the state.
(2)
Permanent residency in long-term care facility.
A properly
submitted and documented application to establish a permanent residence
in a long-term care facility will be granted if the applicant is non-ambulatory
as certified by a physician licensed to practice medicine in the state.
(Ordinance 2017-018, sec. 2, adopted 5/22/17; 1988 Code, sec. 21-206)
