(1)
As used in this section:
(a) “School”
means a public, private, charter, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from one through 12. “School” does not include a home school.
(b) “School property”
means a building, playing field, or other property that is used for school purposes to impart instruction to children or used for functions and events sponsored by a school, designated by the school or school district as being school property, and clearly marked and identified as school property.
(c) “Student safety zone”
means school property and the area that lies 500 feet or less from the property line of school property.
(d) “Holiday events and other public gatherings”
means an event on the Reservation involving minors where the distributing of candy or other items to minors takes place, including but not limited to Halloween, Easter, Pop with a Cop, end of school and back to school events, and other similar events for children.
(e) “Safety zone”
includes a student safety zone, holiday events and other public gatherings, the Tulalip Early Learning Academy (TELA), the Boys and Girls Club, the Tulalip skatepark, ball fields and youth center complex, beda?chelh, the Children’s Advocacy Center (CAC), community and neighborhood playgrounds, daycares, and any other place where the primary purpose of the location is for educating, caring for, or entertaining minors. “Safety zone” means the actual location and the area that lies 500 feet or less from the property line of the location.
(2)
Except as provided in this section, an individual required to be registered under this chapter shall not do either of the following:
(a)
Work or reside in a safety zone; or
(b)
Loiter in a safety zone. “Loiter” means:
(i)
To remain idle in a safety zone without any clear purpose for a period of time with no apparent, clear, or pressing reason to be there under circumstances that warrant alarm for the safety of children;
(A)
Circumstances that may be considered in determining whether such alarm is warranted include the fact that the suspect takes flight upon appearance of law enforcement, refuses to identify himself or herself, or attempts to conceal himself or herself or any object;
(ii)
Rendering the free entrance or exit to a safety zone impassable; or
(iii)
Lying or sleeping in safety zone.
(3)
Subsection (2)(a) of this section does not apply to any of the following:
(a)
An individual who was working or living within a safety zone on January 1, 2012. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that safety zone.
(b)
An individual whose place of employment or home is within a safety zone solely because a safety zone is relocated or is initially established 500 feet or less from the individual’s place of employment or home. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that safety zone.
(c)
An individual who only intermittently or sporadically enters a safety zone for the purpose of work. However, this exception does not apply to an individual who initiates or maintains contact with a minor within a safety zone.
(d)
An individual receiving medical or dental treatment at the Tulalip Health Clinic. However, this exception does not apply to an individual who initiates or maintains contact with a minor at the Tulalip Health Clinic.
(4)
The following individuals are presumed not to be in violation of subsection (2)(b) of this section, unless the presumption is rebutted by clear and convincing evidence:
(a)
A parent or guardian who is on school property while transporting his or her child to or from the child’s school or to and from an event sanctioned by the child’s school.
(b)
A parent or guardian who is on school property attending an event sanctioned by his or her child’s school.
(c)
A parent or guardian who is on school property for the purpose of meeting with an employee of the school regarding his or her child enrolled at that school.
(5)
This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(6)
Nothing in this section shall be construed to prohibit an individual from exercising his or her right to vote.
(7)
This section does not apply to an individual attending a recognized church or religious denomination for worship; provided, the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission to attend by the religious leader. However, this section does not apply to an individual who initiates or maintains contact with a minor at such institution.
(8)
An individual who violates this section is guilty of a crime as follows:
(Ord. 140 § 7.01, 5-4-2012 (Res. 2012-172); Res. 2025-377)