[Ord. No. 2019-157, 1-20-2019]
(a) 
The Town Council finds that sexual predators and specified sex offenders who prey on children pose an extreme threat to public safety. Sexual predators and specified sex offenders endanger society by exposing a particularly vulnerable population, children, to extreme harm. Removing such persons from the regular proximity of places where children are located and limiting the frequency of contact between sexual predators and specified sex offenders and children will reduce the opportunity and risk for offenses against children to be committed.
(b) 
This Article is intended to serve the Town's compelling interests to promote, protect and improve the health, safety and welfare of the public by creating areas, around locations where children regularly gather in concentrated numbers, where sexual predators and specified sex offenders are prohibited from establishing either temporary or permanent residence while still recognizing the need for safe and adequate housing for those individuals who are released to the community by state authorities.
[Ord. No. 2019-157, 1-20-2019]
For the purpose of this Article, the following terms shall have the following meanings:
LICENSED DAY CARE CENTER
Means a child care center or a family child care home licensed by the State of Colorado.
PARK
Means any public park, including playgrounds.
PERMANENT RESIDENCE
Means a place where a person abides, lodges or resides for five (5) or more consecutive days.
RECREATION CENTER
Means a publicly owned recreation or sports center.
SCHOOL
Means any public, private, parochial, charter or other school attended by students under the age of eighteen (18), except for home schools.
SCHOOL BUS STOP
Means any public or private school bus stop designated or approved by a school district.
SEXUAL PREDATOR
Means any person age eighteen (18) or older who has been found to be a sexually violent predator pursuant to the applicable provisions of Title 18, C.R.S., as amended from time to time, related to a conviction where at least one (1) victim was a minor under the age of eighteen (18).
SPECIFIED SEX OFFENDER
Means any person required to register under the Colorado Sex Offender Registration Act, Article 22, Title 16, C.R.S., as amended from time to time, and:
a. 
Who has been convicted of a felony for an offense requiring registration where the victim was under the age of eighteen (18); or
b. 
Who has multiple convictions for offenses requiring registration where at least one (1) victim was under the age of eighteen (18); or
c. 
Whose offenses requiring registration involved multiple victims and at least one (1) victim was under the age of eighteen (18).
SWIMMING POOL
Means a publicly owned water-filled structure used for the purpose of swimming or other water activities. "Swimming pool," as used in this Article, shall not include any water-filled structures that are not publicly owned.
TEMPORARY RESIDENCE
Means a place where a person abides, lodges or resides for a period of five (5) or more days in an aggregate calendar year and which is not the person's permanent residence, or a place where a person routinely abides, lodges or resides for a period of five (5) or more consecutive or nonconsecutive days in any month and which is not the person's permanent address.
[Ord. No. 2019-157, 1-20-2019]
(a) 
It shall be unlawful for a sexual predator or a specified sex offender to establish a permanent or temporary residence within three hundred (300) feet of any school, school bus stop, park, licensed day care center, recreation center or swimming pool in the Town.
(b) 
It shall be unlawful to let or rent any portion of any property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender with the knowledge that it will be used as a permanent or temporary residence in violation of this Article.
[Ord. No. 2019-157, 1-20-2019]
(a) 
A sexual predator or specified sex offender is not guilty of a violation of Section 10-273 above if:
(1) 
The sexual predator or specified sex offender had established the permanent or temporary residence prior to the effective date of this Article; provided, however, that this exception shall not apply if the sexual predator or specified sex offender was convicted of offenses identified in Section 10-272 above, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Article;
(2) 
The sexual predator or specified sex offender is placed in the residence pursuant to a State-licensed foster care program; or
(3) 
The school, park, licensed day care center, recreation center or swimming pool was opened, or the school bus stop was designated, after the sexual predator or specified sex offender established such person's permanent or temporary residence.
(b) 
A person who lets or rents any portion of any property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender with the knowledge that it will be used as a permanent or temporary residence in violation of this Article is not guilty of a violation of Section 10-273 above if:
(1) 
The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the effective date of this Article;
(2) 
The person lets or rents the property, room, place, structure, trailer or other vehicle to a sexual predator or specified sex offender pursuant to a State-licensed foster care program; or
(3) 
The person let or rented the property, room, place, structure, trailer or other vehicle to the sexual predator or specified sex offender prior to the opening of a school, park, licensed day care center, recreation center or swimming pool, or prior to the designation of a school bus stop.
[Ord. No. 2019-157, 1-20-2019]
For purposes of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the outer property line of the property on which the school, school bus stop, park, licensed day care center, recreation center or swimming pool is located to the nearest point on the outer property line of the property on which the permanent or temporary residence is located.
[Ord. No. 2019-157, 1-20-2019]
A person who violates the provisions of this Article shall be subject to the penalties set forth in Section 1-62 of this Code.