For the purposes of this article, the following terms, words,
and the derivations thereof shall have the meanings given herein:
A minor is a person younger than seventeen (17) years of
age.
A place where a person abides, lodges, or resides for fourteen
(14) or more consecutive days.
A place where a person abides, lodges, or resides for a period
of 14 or more days in the aggregate during any calendar year and which
is not the person’s permanent address, or a place where a person
routinely abides, resides, or lodges for a period of 4 or more consecutive
or nonconsecutive days in any month and which is not the person’s
permanent residence.
(Ordinance 08-06, sec. 1 (70-3.1),
adopted 8/15/2006)
Any person who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions of this article shall be guilty of a misdemeanor and may be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day a violation of this article shall continue shall constitute a separate offense.
(Ordinance 08-06, sec. 1 (70-3.6),
adopted 8/15/2006; Ordinance adopting
2018 Code)
For each person required to register on the state department
of public safety’s sex offender database (the “database”)
because of a violation involving a victim who was less than sixteen
(16) years of age, it is unlawful for that person to establish a permanent
residence or temporary residence within 1,000 feet of any premises
where children commonly gather, which, for purposes of this article,
shall be a public park, private or public school, or day-care center.
For the purposes of this article, planted street medians are not public
parks.
(Ordinance 08-06, sec. 1 (70-3.2),
adopted 8/15/2006)
(a)
It
shall be prima facie evidence that this article applies to such a
person if that person’s record appears on the database and the
database indicates that the victim was less than sixteen (16) years
of age.
(b)
For
the purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property
line of the permanent or temporary residence to the nearest property
line of the premises where children commonly gather, as described
hereinabove, or, in the case of multiple residences on one property,
measuring from the nearest property line of the premises to the nearest
property line of the premises where children commonly gather, as described
herein.
(c)
A
map depicting the prohibited areas shall be maintained by 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.
(Ordinance 08-06, sec. 1 (70-3.3),
adopted 8/15/2006)
Neither allegation nor evidence of a culpable mental state is
required for the proof of an offense defined by this article.
(Ordinance 08-06, sec. 1 (70-3.4),
adopted 8/15/2006)
It is an affirmative defense to prosecution that any of the
following conditions apply:
(1)
The
person required to register on the database established the permanent
or temporary residence and 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
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 on the database is a minor.
(4)
The
premises where children commonly gather, as specified herein, within
1,000 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 complied with all sex offender
registration laws of the state.
(5)
The
information on the database is incorrect, and, if corrected, this
article would not apply to the person who was erroneously listed on
the database.
(Ordinance 08-06, sec. 1 (70-3.5),
adopted 8/15/2006)
