Fort Walton Beach Council agenda — 11-13-2007 workshop agenda — reading text

Ut! ir:. 0.. c3 II L__ I  Addendum # 7 1 Draft] ORDINANCE [ Template] NO. 2 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 3 FLORIDA, CREATING CHAPTER OF THE CODE OF 4 ORDINANCES ENTITLED " SEXUAL OFFENDERlPREDATOR 5 RESTRICTIONS" TO PROVIDE FOR PROIDBITION FOR 6 SEXUAL AS DEFINED BY FLORIDA STATUTES, 7 FROM LIVING WITHIN _?_ FEET SPECIFIED LOCATIONS 8 WITHIN THE CITY OF FORT WALTON BEACH; FURTHER 9 PROIDBITING OWNERS OF REAL PROPERTY FROM 10 KNOWINGLY RENTING OR LEASING ANY PLACE, 11 STRUCTURE, OR PART THEREOF, TRAILER OR OTHER 12 CONVEYANCE LOCATED WITHIN _?_ FEET OF SPECIFIED 13 LOCATIONS WITHIN THE CITY TO SEXUAL , AS 14 DEFINED BY FLORIDA STATUTES; PROVIDING FOR THE 15 AMENDMENT OF CHAPTER 7.05 OF TIlE CODE OF 16 ORDINANCES TO PROIDBIT SEXUAL AND/ OR 17 SEXUAL , AS DEFINED BY FLORIDA STATUTE, 18 F~ M ; 19 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 20 EFFECTIVE DATE. 21 22 23 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF 24 THE CITY OF FORT WALTON BEACH, FLORIDA: 25 SECTION 1. LEGISLATIVE FINDINGS AND INTENT 26 The City desires to protect the well-being of its citizens, visitors and especially its 27 children within the City limits of Fort Walton Beach. Pursuant to the home rule 28 authority of the City, sections 496.401- 496. 424, of the Florida Statutes, and other 29 applicable Florida law, the City Council hereby makes the following legislative fmdings 30 regarding sexual_ and sexual_. 31 a. Repeat sexual _, seXUal_ whO use physical violence, and 32 sexual _ who prey on children are sexual who present an extreme threat 33 to the public safety. Sexual _ are extremely likely to use physical violence and to 34 repeat their offenses, and most sexual _ commit many offenses, have many more 35 victims than are ever reported, and are prosecuted for only a fraction of their crimes. This 36 makes the cost of sexual _ victimization to society at large, while incalculable, 37 clearly exorbitant. 38 b. It is the intent of this chapter to serve the city' s compelling interest to 39 promote, protect and improve the health, safety and welfare of the citizens of the city by 40 creating areas around locations where children regu1ar~ gate in concentrated 41 numbers wherein certain sexual _ and sexual _ are prohibited from 42 establishing temporary or permanent residence. 43  1 SECTION 2. DEFINITIONS 2 As used in this ordinance, the following words and terms shall have the meaning ascribed 3 thereto: 4 a. means any family or child care facility licensed by the 5 state pursuant to F. S. ch. 402. For purposes of this ordinance, a day care center includes 6 the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and 7 all outdoor areas of the facility. It is the intent to include all areas reasonably included in 8 and part of the facility. 9 b. _ means a publicly owned or operated area used or available for the 10 public's use as a recreationalfacility, including, by way of example and not limitation, 11 linear parks and the state, county and municipal recreational trails systems. 12 c. _ means an established or dedicated outdoor area for recreation 13 and play, including, by way of example and not limitation, soccer fields, baseball 14 diamonds, football fields and locations with outdoor equipment, such as, by way of 15 example and not limitation, swing sets, climbing apparatus and slides. 16 d _ means any public or private school to include charter schools as 17 defmed in F. S. ~ 1000. 04( 1) and 1002. 01 ( 2005) excluding facilities dedicated 18 exclusively to the education of adults. 19 e. sexual_ As defmed in F. S. ch. 944. 606( 1). 20 f Sexual As defined in F .S. ch. 775. 21. 21 g. Permanent residence means a place where a person abides, lodges, or 22 resides for 14 or more consecutive days. 23 h. Temporary residence means any place where a person may abide, lodge or 24 reside that is not that person' s permanent residence. 25 26 SECTION 3. RESIDENCE PROIDBITIONS; MEASUREMENT OF DISTANCE; 27 PENAL TIES 28 a. It is unlawful for any person who is required to register as a sexual_ under 29 the laws of the state, regardless of whether ad' udication has been withheld, to establish a 30 permanent residence within ? feet of 31 32 33 b. For purposes of determining the minimum distance separation, the requirement 34 shall be measured by following a straight line from the outer roperty line of the 35 rmanent residence to nearest outer property line of 36 37 38 c. A person who violates this section shall be punished by a fine not exceeding 39 500. 00 or by imprisonment for a term not exceeding 60 days, or by both such fine and 40 imprisonment; for a second or subsequent conviction of a violation of this section, such 41 person shall be punished by a fine not to exceed $ 1, 000.00 or imprisonment in the county 42 jail not more than 12 months, or by both such fme and imprisonment. 43 44 SECTION 4. AMENDMENT OF CHAPTER 7. 05, PROmBITING SEXUAL 45 AND/OR PENALTIES 46 a. It is unlawful for any person who is required to register as a sexual _ or 2  1 sexual _ under the laws of the state, regardless of whether adjudication has been e 2 withheld, to enter or 3",~ _~~$~_ ~"-~~~ h~-.,>~ r>~ 3 4 b. A pers.on. who. violates this section shall be punished .hya fine not exceeding 5. $ 500.00 or by imprisonment for a term not exceeding 60 days, or by both such fme and 6 imprisonment; for a second or subsequent conviction of a violation of this section, such 7 person shall be punished by a fme not to exceed $ 1, 000.00 or imprisonment in the county 8 jail not more than 12 months, or by both such fine and imprisonment. 9 10 11 A person residing within _? _ feet of 12 13 section if any of the following apply. 14 a. The 15 pursuant to F. S. ch. 775.21, 943. 0435 or 944.607, 16 17 18 19 20 21 22 23 to F. S. ~ 775. 21, 943. 0435 or 944. 607. 24 25 SECTION 6. PROPERTY OWNERS PROIDBITED FROM RENTING REAL 26 PROPERTY TO CERTAIN SEXUAL AND SEXUAL 27 ; PENALTIES. 28 ( a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other 29 conveyance, with the knowledge that it will be used as a permanent residence by any 30 person prohibited from establishing such permanent residence pursuant to this Code, if 31 such place, structure, or part thereof, trailer or other conveyance, is located within ? 32 feet of 33 34 35 ( b) A property owner's failure to comply with provisions of this section shall 36 constitute a violation of this section, and shall subject the property owner to the code 37 enforcement provisions and procedures as provided in Chapter 30 of this Code, including 38 the provisions of Chapter 30 that allow the city to seek relief as otherwise provided by 39 law. 40 41 SECTION 7. SEVERABILITY. 42 It is declared the intent of the City Council that if any subsection, clause, 43 sentence, provision or phrase of this Ordinance is held to be invalid or unconstitutional 44 by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not be so 45 construed as to render invalid or unconstitutional the remaining provisions of this 46 Ordinance, 3  1 2 SECTIONS- . EFFECTIVE DATE. 3 This ordinance shall take effect immediately upon approval by the City Council. 4 5 6 7 Adopted MIKE ANDERSON, MAYOR 8 9 Ie AITEST: Approved as to form, legal sufficiency, 11 and codification. 12 13 14 15 HELEN SPENCER, CITY CLERK TONI L. CRAIG, CITY ATTORNEY 16 17 18 19 Codification Instructions: 20 21 Sections of this Ordinance to be Codified: Section 22 Placement: Volume lI, Chapter , .after the 23 current section 1 24 Numbering: New Section 25 Historical NQ:te: Old. 1723 L- J107) --- 4