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(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 of the state.
SCHOOL. A public, private, denominational or parochial school which meets the requirements for accreditation or approval prescribed by Nebraska law.
SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Nebraska Sex Offender Registration Act.
SEXUAL PREDATOR. An individual required to register under the Nebraska Sex Offender Registration Act, who has a high risk of recidivism as determined by the Nebraska State Patrol and who has victimized a person 18 years of age or younger.
(Prior Code, § 2-701)
(B) Residency restrictions.
(1) It is hereby determined unlawful for any sexual predator to reside within 500 feet of a school or childcare facility.
(2) For the purpose of determining the minimum distance separation, the distance shall be measured at a straight line from the closest point to the sexual predator’s place of residence property line to the property line of the school or childcare facility.
(Prior Code, § 2-702)
(C) Exceptions. These restrictions shall not apply to sexual predators who are housed in a prison, correctional facility or treatment facility operated by the state or county or to anyone who established a residency within such minimum distance before 7-1-2006, and has not moved from that residence since that date or who has established a residence subsequent to 7-1-2006, but a school or childcare facility has been established since such date within such minimum distance.
(Prior Code, § 2-703)
(Ord. 2006-08, passed 9-5-2006) Penalty, see § 134.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person found to be in violation of § 134.04 of this chapter shall be guilty of a crime, punishable by a maximum of a $500 fine.
(C) Any person, firm, association or corporation violating any of the provisions of § 134.05 of this chapter for which no other penalty is imposed shall, upon conviction, be deemed guilty of a misdemeanor and be fined in an amount of not more than $500. Each day’s maintenance of a misdemeanor shall constitute a separate offense.
(Prior Code, § 2-801)
(Ord. 2006-08, passed 9-5-2006; Ord. 16-02, passed 8-2-2016)