(a) A sex offender who established residency in a residence located within one thousand (1,000) feet of a child safety zone before the adoption of this chapter is exempt from this chapter. This exemption applies only to:
(1) Areas necessary for the sex offender to have access to and to live in the residence; and
(2) The period the sex offender maintains residency in the residence.
(b) A sex offender may apply for an exemption from this chapter by submitting to the City Secretary an application for exemption, in the form supplied by the city, accompanied by an affidavit that shows the sex offender established residency in a residence located within one thousand (1,000) feet of a child safety zone before the date this chapter is adopted.
(c) The Chief of Police shall determine whether an application for exemption may be granted. The Chief of Police may grant an exemption only if:
(1) Such exemption is not contrary to the public interest or to the public health, safety, or welfare;
(2) Such exemption shall not increase duties for the city staff;
(3) The exemption fits within the spirit of this chapter; and
(4) The application of the requirements of this chapter’s particular circumstances would create an unnecessary or undue hardship.
(d) The Chief of Police shall send to the applicant written notice of the decision to grant or deny an exemption and, if applicable, a statement of the right to an appeal to the City Council.
(e) Any person who is denied an exemption under this section may appeal the decision of the Chief of Police by filing with the City Secretary a written request for a hearing before the City Council. The request for an appeal must be submitted within ten days after the notice of the Chief of Police is sent.
(f) City Council decisions relating to application requests are within the sole discretion of the council, and the council's decision as to any such request is final and non-appealable.
(Ord. 04-2022-2, passed 4-26-22)