§ 94.18 RULES AND REGULATIONS RELATING TO ACCESS OF PERSONS REQUIRED TO AND/OR LISTED ON THE INDIANA STATE SEX OFFENDER REGISTRY, PERSONS CONVICTED OF SEX-RELATED CRIMES, PERSONS CONVICTED OF INDECENT ACTS, AND PERSONS CONVICTED OF DEALING IN CONTROLLED SUBSTANCES TO CERTAIN PARK AND RECREATIONAL FACILITIES.

   (A)   It shall be unlawful for any person deemed to be an offender against children and required to register under I.C. 11-8-8 or who has been found by a court to be a sexually violent predator under I.C. 35-38-1-7.5, or the law of any jurisdiction that identifies the person as being likely to repeatedly commit a sex offense, or who has been convicted of one (1) or more of the following offenses, to be within or upon any municipally-owned public park, recreation facility, sports field or facility, or pathway or drive or trail within a municipal park under the jurisdiction, owned and/or operated by the Town and/or its Parks and Recreation Department. However, this section shall not apply to any person whose name has been removed from the registry by act of a court or by expiration of the term such person is required to remain on the registry pursuant to I.C. 11-8-8, or to any person who is within or upon such property for the purposes of attending any electoral polling place for the purpose of voting, or campaigning for any candidate for political office at such electoral polling place, or attending an organized gathering for a political purpose.

      (1)   Rape (I.C. 35-42-4-1);

      (2)   Criminal deviate conduct;

      (3)   Child molesting (I.C. 35-42-4-3);

      (4)   Child exploitation (I.C. 35-42-4-4(b));

      (5)   Vicarious sexual gratification in the presence of a minor (I.C. 35-42-4-5);

      (6)   Child solicitation (I.C. 35-42-4-6);

      (7)   Child seduction (I.C. 35-42-4-7);

      (8)   Sexual battery (I.C. 35-42-4-8);

      (9)   Sexual misconduct with a minor (I.C. 35-42-4-9);

      (10)   Kidnapping (I.C. 35-42-3-2), if the victim is less than eighteen (18) years of age;

      (11)   Public indecency/indecent exposure (I.C. 35-45-4-1);

      (12)   Public nudity (I.C. 35-45-4-1.5);

      (13)   Prostitution (I.C. 35-45-4-2);

      (14)   Patronizing a prostitute (I.C. 35-45-4-3);

      (15)   Voyeurism (I.C. 35-45-4-5);

      (16)   Dealing in cocaine or narcotic drug (I.C. 35-48-4-1);

      (17)   Dealing in a Schedule I, II, or III controlled substance (I.C. 35-48-4-2);

      (18)   Dealing in a Schedule IV controlled substance (I.C. 35-48-4-3);

      (19)   Dealing in a Schedule V controlled substance (I.C. 35-48-4-4); or

      (20)   An offense in another jurisdiction that is substantially similar to an offense described in divisions (1) through (19) above.

   (B)   (1)   A person who violates any provision of this section shall be guilty of an infraction punishable by:

         (a)   A penalty of five hundred dollars ($500) for a first violation;

         (b)   A penalty of up to twenty-five hundred dollars ($2,500) for each additional violation thereafter.

      (2)   Penalties shall be processed through the Town Court; and

      (3)   If, after multiple violations by the same person, the Town Attorney and the Brownsburg Police Department have reason to believe that the imposition of penalties will not be effective in enforcing this section, the Town shall be empowered to seek any other remedies provided by law.

(Ord. 2010-19, passed 8-12-10)