(a)
Findings and intent.
That repeat sexual offenders, sexual
offenders that use physical violence and sexual offenders who prey
on children are sexual predators who present an extreme threat to
the public safety. Sexual offenders are extremely likely to use physical
violence and to repeat their offenses and most sexual 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 sexual offender victimization to society at-large, while incalculable,
clearly exorbitant. 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 sexual offenders and sexual predators are
prohibited from establishing temporary or permanent residences.
(b)
Minor.
Permanent residence.
Premises where children commonly gather.
Temporary residence.
Definitions.
For the purposes of this article, the following
terms, words, and derivations thereof shall have the meanings given
herein.
A minor is a person younger than eighteen (18) years of age.
A place where a person abides, lodges or resides for fourteen
(14) or more days.
Public parks, private and public schools, amusement arcades,
video arcades, indoor and outdoor amusement centers, amusement parks,
public, commercial and semi-private swimming pools, and child day
care centers, as such terms are defined in the comprehensive zoning
ordinance of the city. For purposes of this article, planted street
medians are not public parks.
Either 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 residence,
or a place where a person routinely abides, resides or lodges 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 1329-2021 adopted 11/9/21)
(a)
Offenses.
It is unlawful for any person required to
register on the state department of public safety’s sex offenders
database (the “database”) because of a violation involving
a victim who was less than seventeen (17) years of age to establish
a permanent residence or temporary residence within one thousand five
hundred (1,500) feet of any premises where children commonly gather,
as defined in this article.
(b)
Evidentiary matters; measurements.
(1)
It shall be prima facie evidence that this section applies to such
a person if that person’s record appears on the database and
the database indicates that the victim was less than seventeen (17)
years of age.
(2)
For the purposes of determining the minimum distance separation,
the requirement shall be measured as follows:
(A)
For residences which are single-family residences as defined in the
comprehensive zoning ordinance of the city, by following a straight
horizontal line from the outer property line of the lot on which the
permanent or temporary residence is located to the nearest property
line of the premises where children commonly gather, as defined in
this article; or
(B)
For residences which are multifamily residences as defined in the
comprehensive zoning ordinance of the city, by following a straight
horizontal line from the closest door of the residence to the nearest
property line of the premises where children commonly gather, as defined
in this article.
(C)
A map depicting the prohibited areas shall be maintained by the chief
of police of the city. The city shall review the map at least annually
for changes. Said map will be available to the public at the city
police department.
(c)
Culpable mental state not required.
Neither allegation
nor evidence of a culpable mental state is required for proof of an
offense under this section.
(Ordinance 1329-2021 adopted 11/9/21)
(a)
It
is unlawful to lease, rent, or otherwise provide any residence, dwelling,
place, structure or part thereof, manufactured home, trailer, or other
conveyance, with the knowledge that it will be used as a permanent
residence or temporary residence by any person prohibited from establishing
such permanent residence or temporary residence pursuant to the terms
of this article, if such place, structure or part thereof, manufactured
home, trailer, or other conveyance, is located within one thousand
five hundred (1,500) feet of any premises where children commonly
gather, as defined in this article.
(b)
The
determination of the distance between the residence described in this
section and the premises where children commonly gather, as defined
in this article shall be measured as provided in this article.
(Ordinance 1329-2021 adopted 11/9/21)
It is an affirmative offense to prosecution under this article
that any of the following conditions apply:
(1)
The
person required to register on the database established the permanent
or temporary residence prior to the date of the adoption of this article
and has complied with all of the sex offender registration laws of
the state.
(2)
The
person required to register on the database was a minor when he or
she committed the offense requiring such registration and was not
convicted as an adult.
(3)
The
person required to register to the database is a minor.
(4)
The
premises where children commonly gather, as specified herein, within
one thousand five hundred (1,500) feet of the permanent or temporary
residence of the person required to register on the database was opened
after the person established the permanent or temporary residence
and the person required to register on the database has complied with
all sex offender registration laws of the state.
(5)
The
information in the database is incorrect, and, if corrected, this
section would not apply to the person who was erroneously listed on
the database.
(6)
The
premises where children commonly gather, as described herein above,
that is within one thousand five hundred (1,500) feet of the residence
of the person required to register on the database was built, opened
or created after the person required to register on the database established
their residence in question.
(Ordinance 1329-2021 adopted 11/9/21)
