Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

within the City of Fort Walton Beach. The general consensus of the City Council supported the staff report recommendation not to pursue additional residential restrictions at this time. However, the Council expressed interest in another recommendation contained in the staff report; to -wit: that sexual predators be prohibited from City parks. The City desires to protect the well being of it citizens, visitors, and especially children, within the city limits of Fort Walton Beach, especially at parks where children are encouraged to visit and play. The police chief was tasked to prepare a staff report and work with the City Attorney to prepare and propose an ordinance to that effect. The City Attorney drafted an ordinance to prohibit those who have been designated Sexual Predators, according to Florida Statute 775. 21, from entering or remaining in any city park. The proposed Ordinance enumerates the various classes of parks that comprise the city' s park system and makes the prohibition applicable to them all. Recommendation: The proposed ordinance, drafted by the City Attorney, to prohibit sexual predators in all city parks is attached hereto. It is recommended that the Council enact this ordinance to further protect the children living in, and visiting, the City of Fort Walton Beach, by prohibiting them. from occupying the City' s parks. Prepared and Respectfully Submitted by: 01/ 29/ 2008 Ted Litschauer, Police Chief Date Reviewed and Concur: 2 / s/ 2008 Jo hanahan, City Manager Date  ORDINANCE NO. 11 S 3 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA RELATING TO SEXUAL PREDATORS IN CITY PARKS; 5 PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; 6 AMENDING CHAPTER. 7.05 OF THE CODE OF ORDINANCES; 7 CREATING A NEW SECTION 7.05.079 ENTITLED USE BY SEXUAL 8 PREDATORS PROHIBITED; PROVIDING FOR CONFLICTS AND 9 SEVERABILITY; AND SETTING AN EFFECTIVE DATE. 10 11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 12 CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 13 14 SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is the City Charter, 15 Section 166. 021, of the Florida Statutes, and Article VIII, Section 2( b), of the Florida 16 Constitution. 17 18 SECTION 2. FINDINGS OF FACT. 19 a. The City Council is concerned about the recidivism of convicted sexual predators 20 in the City, Okaloosa County, and elsewhere in the State of Florida and nation. The Florida 21 Legislature has determined that repeat sexual offenders, sexual offenders who use physical 22 violence, and sexual offenders who prey on children are sexual predators and that sexual 23 predators present an extreme threat to public safety. Such individuals are very likely to use 24 physical violence and to repeat their offenses, and most sexual predators commit many offenses, 25 have many more victims than are ever reported, and are prosecuted for only a fraction of their 26 crimes. 27 28 b. The City is a family oriented community that has many families with small 29 children and many parks and recreational facilities for the use of families and small children. 30 Therefore, the City Council desires to establish the following policy and prohibition to provide 31 the maximum protection for the health, safety, and welfare of the citizens of and visitors to the 32 City. 33 34 SECTION 3. AMENDMENT OF THE CODE OF ORDINANCES CHAPTER 7. 05 AND 35 CONDUCT IN PARKS, RECREATIONAL, CULTURAL CENTERS. Chapter 7. 05, 36 Conduct in Parks, Recreational, Cultural Centers, is amended to add section 7. 05.07, entitled Use 37 by Sexual Predators Prohibited, as follows: 38 39 Section 7. 05. 07 Use by Sexual Predators Prohibited 40 41 It is unlawful for a sexual predator to use, enter into, be in or remain in any city 42 communba park, mini -park, neighborhood park, special use community park, 43 cultural center, or recreational center. For the purpose of this section, " sexual 44 predator" shall have the meaning .defined in section 775. 21, of the Florida Statutes 45 ( 2007), as amended. 46 47 SECTION 4. SEVERABILITY. Each separate provision and phrase of this ordinance is 48 deemed independent of all other provisions. If any portion or provision of this ordinance is 49 declared invalid, all other provisions shall remain valid and enforceable. 50 51 SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon its adoption 52 by the City Council and signature by the Mayor. 53 54 55 ADOPTED ON 52008 56 Mike Anderson, Mayor 57 58 59 ATTEST: 60 Approved as to form and legal sufficiency 61 62 63 64 Helen Spencer, City Clerk Toni L. Craig, City Attorney 65 66 ruek through language indicates deletions; underlined language indicates additions. 67 68 Codification instructions: Section 3 of this ordinance will amend chapter 7. 05 as stated. Sections 1, 2, 4, 5 are not to be codified. Page 2 of 4  Page 1 of 1 Carole Jones From: Toni Craig [tonicraig @cox.net] it: Friday, February 01, 2008 8:36 AM o: Carole Jones Subject: RE: Ord re Sexual Predators Nope— scenic route started with me! 1 drafted it, as mentioned in Chief's last paragraph, and I think it is still approved. O Toni L. Craig Attorney at Law Fla Bar No 115444 850). 243 -6969 www.tonicraig. info From: Carole Jones [ mailto:cjones@fwb.org] Sent: Friday, February 01, 2008 8: 22 AM To: Toni Craig Subject: Ord re Sexual Predators Looks like this agenda item is taking the scenic route. Please would you review. Thank you. Camle Jones 9 ' itive Assistant, City Manager's Office if Fort Walton Beach 850)833 -9504; cjones a0fwb.org 2/ 1/ 2008  CITY COUNCIL MEETING February 12, 2008 Regular Agenda Future Agenda Items Council Action 1 St 2nd Vote: Agenda Item Number: 8  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM ter. O: Joyce Shanahan, City Manager FROM: Carole Jones, Executive Assistant SUBJECT: Future Agenda Items DATE: February 4, 2008 As requested at the June 29, 2007 Council Meeting, below please find a list of agenda items proposed to be discussed at future Council Workshops or Council Meetings: Item 4 Requested Date Prepared Description: Staff Proposed By: Requested: By: Comments: Date: 1 Council Member 5/29/07 City Clerk Review of Charter 11/ 13/ 07 Council 2119108 and Hartwell approved staff's 3rd Tues of proposed plan — see each month following page thereafter Feb 4 agenda distribution 2 Council Member 8/ 23/ 07 Finance Review of General 9/ 11/ 07 Council Workshop Miller Director/ Employees requested January WS; 3/25/08 Human Pension Plan — any changes in the plan Police /Fire Resources provisions and will require Ordinance Attorney not payout and readings in February available employee /employer for an April 1, 2008 until this contributions to effective date date) Police and Fire Pension Plans 3 Mayor Anderson 11/ 13/ 07 City Manager Expand Protocol 11/ 27/07 Council Workshop Guide to include: requested this be June 2008 Duties of Mayor; addressed after the Duties of Council Charter review Members 4 Mayor Anderson e- mail Parks & Application for Workshop 11/ 19/07 Recreation Playful City USA Feb 12 Director 5 City Manager 1/ 8/ 08 City Manager Cinco Bayou 1/ 22/08 Council April Annexation issue requested CM to' prepare staff report 6 Council Member 1/ 16/08 Human Sunshine Law & E -mail request 1/ 16/ 08 TBD Hartwell Resources /City communications — Attorney Council and