(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act, being Neb. Rev. Stat. 71-1908 et seq.
RESIDE. To sleep, live, or dwell at a place, which may include more than one location, and may be mobile or transitory.
RESIDENCE. A place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory.
SCHOOL. A public, private, denominational, or a parochial school which meets the requirements for state accreditation or approval.
SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. Rev. Stat. 29-4003 and who is required to register as a SEX OFFENDER pursuant to the Sex Offender Registration Act, being Neb. Rev. Stat. 29-4001.
SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the State Patrol under Neb. Rev. Stat. 29-4013, and who has victimized a person 18 years of age or younger.
(B) Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility.
(C) Measure of distance. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.
(D) Exceptions. This section shall not apply to a sexual predator who:
(1) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;
(2) Established a residence before July 1, 2006, and has not moved from that residence; or
(3) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.
(Prior Code, § 130.10) (Ord. 2006-11.1, passed 11-13-2006) Penalty, see § 130.99
Statutory reference:
Similar provisions, see Neb. Rev. Stat. 29-4015 et seq.