The town of Huachuca City (the "town") has a compelling interest in protecting children from the threat of sexual abuse from sex offenders. Therefore, it is hereby resolved that, to preserve and promote the health, safety and general welfare of the children of the town, it is in the common interest to enact reasonable regulations restricting sex offenders from entering child safety zones.
(Prior code § 11-1-28(1); Ord. 11-03 § 1, 2011)
When used in this chapter, the terms, phrases, words and derivations shall have the meanings set forth thereafter. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory. Terms not defined below shall have the meanings set forth in Arizona Revised Statutes.
"Child safety zone"
means any park, school, playground, recreation center, swimming pool or wading pool, gymnasium, sports field, or sports facility, which is:
1. 
Under the jurisdiction of any department, agency, or authority of the town of Huachuca City; or
2. 
Leased by the town to another person or entity for the purpose of operating a park, school, playground, recreation center, swimming pool or wading pool, gymnasium, sports field, or sports facility;
3. 
"Child safety zone"
also includes any and all buildings, land, parking areas or other improvements located on the same parcel on which each of the aforementioned facilities is located, but does not include any public street, and also does not include any public sidewalk which is located on the outside boundary of a child safety zone.
"Sex offender"
means a person who is required to register with the Department of Public Safety's sex offender registry ("sex offender registry") pursuant to Arizona Revised Statutes.
(Prior code § 11-1-28(2); Ord. 11-03 § 2, 2011)
It shall be unlawful for a sex offender to be present in a child safety zone.
(Prior code § 11-1-28(3); Ord. 11-03 § 3, 2011)
This chapter shall not apply:
A. 
To any person whose name has been removed from the Department of Public Safety's sex offender registry ("sex offender registry") or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry.
B. 
To any sex offender who enters into a facility in a child safety zone for the sole purpose of voting in any municipal, state or federal election or referendum; provided, that the person leaves the facility immediately after voting.
C. 
To any sex offender who enters a child safety zone for the purpose of dropping off or picking up his or her own child; provided, that the child sex offender leaves the zone immediately after dropping off or picking up his or her child.
D. 
To any sex offender who enters a child safety zone for the purpose of meeting with an adult, such as a teacher, administrator or nurse, to discuss his or her own child's medical or educational issues; provided, that the child sex offender leaves the zone immediately after completing the meeting or discussion.
E. 
To the extent that the conduct prohibited by this chapter is in conflict with any sentence or order of probation or parole imposed upon a sex offender.
(Prior code § 11-1-28(4); Ord. 11-03 § 4, 2011)
The chief of police or his designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of the ordinance codified in this chapter (which notice shall contain a copy of the chapter) to all persons who are listed on the sex offender registry as of the effective date of this chapter, as well as those persons who are added to the sex offender registry thereafter, which persons' addresses (as shown on the sex offender registry) are within the town. Such notice requirement may be satisfied by the mailing of such notice by priority, registered or certified mail, return receipt requested to the last known address of such person as listed on the sex offender registry or as otherwise known to the chief of police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this chapter.
Each child safety zone shall be identified by a sign conspicuously posted at the primary entrance to the zone and any building within the zone.
(Prior code § 11-1-28(5); Ord. 11-03 § 5, 2011)
A. 
If a police officer reasonably believes that a sex offender is in a child safety zone in violation of this chapter, the officer shall require the suspected sex offender to provide his/her name, address, and telephone number. If it is established that the individual is a sex offender, then the officer may issue a citation to the offender and shall require the offender to leave the child safety zone.
B. 
Any person in violation of this chapter shall be fined in the amount of $100.00 for each violation.
(Prior code § 11-1-28(6); Ord. 11-03 § 6, 2011)
Any provision of this chapter held to be unconstitutional or superseded by state law or regulation shall not serve to invalidate the remaining unaffected provisions hereof. No provision of this chapter shall serve to validate any activity otherwise prohibited by state or local law or lawfully enacted zoning regulations.
(Prior code § 11-1-28(7); Ord. 11-03 § 7, 2011)