[HISTORY: Adopted by the City Council of
the City of Papillion 1-17-2006 by Ord. No. 1475; amended in its entirety 2-7-2023 by Ord. No. 1985. Subsequent amendments noted where applicable.]
A.
The Nebraska Legislature, pursuant to Neb. Rev. Stat.
§ 29-4002, has found that certain sex offenders present
a high risk to commit repeat offenses.
B.
Sex offenders who use physical violence and prey on
children present an extreme threat to public safety. These offenders
commit many offenses, have many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes
the cost of sex offender victimization to society at large, while
incalculable, extremely exorbitant.
C.
It is the intent of this chapter to serve the City's
compelling interest to promote, protect and improve the health, safety
and welfare of the citizens of the City by creating certain areas
around locations where children regularly congregate in concentrated
numbers where certain sex offenders cannot reside.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
A place with a license issued under the Nebraska Child-Care
Licensing Act, Sections 71-1908 to 71-1923, as currently existing
or hereafter amended. It shall include licensed places both inside
and outside of the corporate limits of the City.
A place where a person regularly sleeps, where a person has
established his or her home, where a person is temporarily domiciled
or where he or she is habitually present, and to which, when he or
she departs, he or she intends to return. A residence may include
more than one location and may be mobile or transitory. Temporarily
domiciled means a place at which a person actually lives or stays
on a temporary basis, even though he or she may plan to return to
his or her permanent address or to another temporary address. For
purposes of this chapter, a "temporary domicile" means any place at
which the person actually lives or stays for a period of at least
three working days. Residency may be shown by, among other evidence,
receipt of mail at the premises or identification of the premises
as a residence on a driver's license, vehicle registration or other
document.
A public, private, denominational, or parochial school which
meets the requirements for accreditation or approval prescribed in
Neb. Rev. Stat. § 79 et seq.
Anyone who is required to register as a sexual offender pursuant
to the Sex Offender Registration Act (Sections 29-4001 to 29-4013,
inclusive, Neb. Rev. Stat.) or any amendments thereto.
An individual who is required to register under the Nebraska
Sex Offender Registration Act, who has victimized a person 18 years
of age or younger and who has committed an offense which involves
the penetration of, direct genital touching of, oral to anal contact
with, or oral to genital contact with (a) a victim age 13 years or
older without the consent of the victim, (b) a victim under the age
of 13 years, or (c) a victim who the sex offender knew or should have
known was mentally or physically incapable of resisting or appraising
the nature of his or her conduct.
A.
Prohibited location of residence. It is unlawful for
any person who is subject to the Nebraska Sex Offender Registration
Act and is classified as a sexual predator as herein defined to reside
within 500 feet of any child-care facility or school as defined herein.
B.
Measurement of distance. For 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
residence or temporary residence to the nearest outer boundary line
of a public or nonpublic elementary or secondary school or a child-care
facility.
C.
Penalties. A person who violates this section shall
be punished to a fine not exceeding $500 or six months in jail, or
both.
D.
Exceptions. A person residing within 500 feet of any
child-care facility or school does not commit a violation of this
section if any of the following apply:
(1)
The person resides within a prison or a correctional
or treatment facility operated by the state or a political subdivision;
(2)
The residence was established before July 1, 2006,
and has not moved from that residence;
(3)
The residence was established after July 1, 2006,
and the school or child-care facility triggering the restriction was
established after the initial date of the sexual predator's residence
at that location; or
(4)
The person becomes in violation of this chapter because
of annexation into the City.
Any person subject to the Nebraska Sex Offender
Registration Act shall, upon making request to the Papillion Police
Department, be provided a copy of this ordinance and any current amendments.
If any provision of this chapter or its application
to any person or circumstances shall be held invalid, the remainder
of the chapter, or the application of the provisions to other persons
or circumstances, shall not be affected.
