Sec. 14-30.  Sexual Offender/Predator Residency Restrictions; Penalties; Exceptions.

 

(a)   Prohibited location of residence.  It is unlawful for any person who is a sexual predator as defined herein or under similar provisions of any other state, to reside within five hundred (500) feet of the real property comprising a public, private, denominational or parochial school which meets the requirements for accreditation or approval in Chapter 70 of the current state statutes or a child care facility.

 

(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 child care facility.

 

(c)   Penalties.  A person who violates this section shall be punished as provided generally in this code.

 

(d)   Exceptions.  A person residing within five hundred (500) feet of any real property comprising of a public or nonpublic elementary or secondary school or child care facility does not commit a violation of this section if any of the following apply:

 

(1)       The person's residence results from a requirement to serve a sentence at a jail, prison, juvenile facility, or resides in any other correctional institution or facility including a correctional or treatment facility operated by the state or any political subdivision.

 

(2)       The person established such residence before July 1, 2006 and has not moved from that residence.

 

(3)       The person's place of residence becomes a violation of this ordinance solely because of annexation into the city.

 

(4)       Established a residence after July 1, 2006 and the public or nonpublic elementary or secondary school or child care facility within five hundred (500) feet of the person's permanent residence was established after the person's initial date of residence at that location.

 

(e)    Severability.  If any provision of this ordinance or its application to any person or circumstances shall be held invalid, the remainder of the ordinance, or the application or the provisions to other persons or circumstances, shall not be affected. 

 

Source:  Ord. No. 4886, 2, 6-19-06