Database.
The state department of public safety’s sex offender database.
Day care facility or day care center.
An establishment where more than three (3) unrelated children under the age of fourteen (14) are left for care, training, education, custody or supervision during the day or any portion thereof. The term does not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school, public or private, as herein defined.
Minor.
A person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges or resides for fourteen (14) or more consecutive days.
Playground.
Any outdoor facility that is not on the premises of a school and that is intended for recreation, is open to the public, and contains three (3) or more separate apparatus intended for the recreation of children, such as slides, swing sets and teeterboards.
Premises.
Real property and all buildings and appurtenances pertaining to the real property.
Public or private youth center.
Any recreational facility or gymnasium that is intended primarily for use by persons who are seventeen (17) years of age or younger and regularly provides athletic, civic, or cultural activities, whether publicly or privately owned or operated.
Public park.
Any premises designated by the city as parkland that is not on the premises of a school, that is intended for recreation, and that is open to the public.
School.
A private or public elementary or secondary school.
Swimming pool.
Any structure intended or used by the public for swimming or recreational bathing, regardless of size, and including in-ground, aboveground and on-ground swimming pools. The term shall not include swimming or bathing facilities located on private residential property which is not open for use by the public or swimming or bathing facilities located within an apartment or other multifamily housing complex.
Temporary residence.
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 days or nonconsecutive days in any month and which is not the person’s permanent residence.
Video arcade facility.
Any facility that is open to the public, including persons who are seventeen (17) years of age or younger, is intended primarily for the use of pinball, video or computer games and contains at least three (3) pinball or video machines or computers for gaming uses.
(Ordinance 12112018, sec. 1, adopted 2/12/19; Ordinance adopting 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 a minor, it is unlawful for that person to establish a permanent residence or temporary residence in the city within five hundred (500) feet of any premises where children commonly gather, including a public or private school, day care facility, public park, playground, public or private youth center, public swimming pool or video arcade facility. For the purposes of this article, planted street medians shall not be considered public parks.
(Ordinance 12112018, sec. 2, adopted 2/12/19)
(a) 
It shall be prima facie evidence that this article applies to a person if that person’s record, or records pertaining to that person, appears on the database and the database indicates that the victim was a minor.
(b) 
For the purposes of determining the minimum distance separation, the five hundred foot 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, or, in the case of multiple residences on one (1) property measuring from the nearest property line of the property where the multiple residences are situated to the nearest property line of the premises where children commonly gather.
(c) 
A map depicting the prohibited areas identified pursuant to the terms of this article and as approved by the board of aldermen shall be maintained by the city. The city shall review the map at least annually for changes. The map will be available to the public at the city police department. A copy of the approved map is hereby incorporated in Ordinance 12112018 by reference as exhibit “A” and such map may be amended from time to time through board of aldermen approval.
Editor’s note–Exhibit A to Ordinance 12112018 was not published herein but shall be maintained on file at the police department.
(Ordinance 12112018, sec. 3, adopted 2/12/19; Ordinance adopting Code)
Neither allegation, nor evidence of a culpable mental state is required for the proof of an offense defined by this article, and any offense shall be considered a strict liability.
(Ordinance 12112018, sec. 4, adopted 2/12/19)
It is an affirmative defense to the prosecution of an offense under this article that any of the following conditions apply:
(1) 
The person required to register on the database established his/her permanent or temporary residence in the city prior to the effective date of this article, and has complied with all sex offender registration laws of the state.
(2) 
The person required to register on the database is a minor, or was a minor when he/she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The premises where children commonly gather was opened or began to be used as such after the person established the permanent or temporary residence, and the person has complied with all sex offender registration laws of the state.
(4) 
The information in the database pertaining to that person is incorrect and, if corrected, this article would not apply to that person.
(Ordinance 12112018, sec. 5, adopted 2/12/19)
Any person violating the provision of this article shall, upon conviction, be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 12112018, sec. 6, adopted 2/12/19; Ordinance adopting Code)