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13-Deliberate and act on an Ordinance est zones exluding sex offenders from residing near premises where children gather
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13-Deliberate and act on an Ordinance est zones exluding sex offenders from residing near premises where children gather
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8/22/2012 2:35:13 PM
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9/24/2010 2:35:48 PM
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CITY CLERK
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Agenda
CITY CLERK - Date
9/27/2010
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Permanent residence means a place where the person abides, lodges or <br />resides for fourteen (14) or more consecutive days. <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 />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 />state law. <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 />Sec. 21-203. Sex Offender prohibition. <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 />Sec. 21-204. Evidentiary matters. <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 />(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 />(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 />(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 />Page 3 of 6 <br />-1 112 <br />
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