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17-Deliberate and possibly act on an Ordinance establishing zones excluding sex offenders from residing near premises where children gather
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17-Deliberate and possibly act on an Ordinance establishing zones excluding sex offenders from residing near premises where children gather
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9/10/2010 4:15:58 PM
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9/10/2010 4:15:58 PM
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CITY CLERK
Doc Name
17
Doc Type
Agenda
CITY CLERK - Date
9/13/2010
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<br /> <br /> <br /> <br /> <br /> Permanent residence means a place where the person abides, lodges or <br /> resides for fourteen (14) or more consecutive days. <br /> <br /> School means a private or public pre-school, private or public elementary <br /> school or private or public secondary school, which shall include private or public <br /> home-schools. <br /> <br /> Sex Offender means an individual who has been convicted of or placed on <br /> deferred adjudication for a sexual offense involving a person under seventeen (17) <br /> years of age for which the individual is required to register as a sex offender under <br /> <br /> state law. <br /> <br /> Temporary residence means a place where a person abides, lodges or resides <br /> for a period of fourteen (14) or more days in the aggregate, during any calendar <br /> year and which is not the person's permanent address, or a place where the person <br /> routinely abides, lodges or resides for a period of four (4) or more consecutive or <br /> nonconsecutive days in any month and which is not the person's permanent <br /> residence. <br /> <br /> Sec. 21-203. Sex Offender prohibition. <br /> <br /> It is unlawful and an offense for a sex offender to establish a permanent <br /> residence or temporary residence within one thousand (1,000) feet of the real <br /> property comprising a school, child-care facility, child-care institution, day-care <br /> center, park or playground or other places defined herein as a child safety zone. <br /> <br /> Sec. 21-204. Evidentiary matters. <br /> <br /> (a) It shall be prima facie evidence that this article applies to such a person <br /> if that person's record appears in/on the database and the database indicates that <br /> the victim was less than seventeen (17) years of age. <br /> <br /> (b) The distance of one thousand (1,000) feet shall be measured on a <br /> straight line from the closest boundary line of the sex offender's residence to the <br /> closest boundary line of the school, child care facility, child care institution, park or <br /> playground or other places defined herein as a child safety zone. <br /> <br /> (c) In the case of multiple residences on one (1) property, measuring from <br /> the nearest property line of the residences to the nearest property line of the school, <br /> child care facility, child care institution, park or playground or other places defined <br /> herein as a child safety zone. <br /> <br /> (d) In cases of a dispute over measured distances, it shall be incumbent <br /> upon the person(s) challenging the measurement to prove otherwise. <br /> <br /> <br /> <br /> Page 3 of 5 <br /> <br /> <br /> 125 <br />
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