(A) Prohibited person(s). Individuals listed on the State of Indiana Sex Offender Registry published and disseminated by the Indiana Criminal Justice Institute or those convicted of dealing in cocaine, narcotics, or controlled substances are prohibited from being physically within the boundaries of all parks and other recreational areas owned, operated, or maintained by the city.
(B) It shall be unlawful for any person deemed to be an offender against children or other victims and/or required to register under IC 5-2-12 or who has been found by a court to be a sexually violent predator under IC 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 or more of the following offenses:
(1) Rape (IC 32-42-4-1);
(2) Criminal deviate conduct (IC 35-42-4-2);
(3) Child molesting (IC 35-42-4-3);
(4) Child exploitation (IC 35-42-4-4(b));
(5) Vicarious sexual gratification in the presence of a minor (IC 35-42-4-5); IC 9-1-4-27 and IC 9-4-1-28, authorize the city to regulate traffic in parks;
(6) Child solicitation (IC 35-42-4-6);
(7) Child seduction (IC 35-42-4-7);
(8) Sexual battery (IC 35-42-4-8);
(9) Sexual misconduct with a minor (IC 35-42-4-9);
(10) Kidnapping (IC 35-42-3-2), if the victim is less than 18 years of age;
(11) Public indecency; indecent exposure (IC 35-45-4-1);
(12) Public nudity (IC 35-45-4-1.5);
(13) Prostitution (IC 35-45-4-2);
(14) Patronizing a prostitute (IC 35-45-4-3);
(15) Voyeurism (IC 35-45-4-5);
(16) Dealing in cocaine or narcotic drug (IC 35-48-4-1);
(17) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(18) Dealing in a schedule IV controlled substance (IC 35-48-4-3);
(19) Dealing in a schedule V controlled substance (IC 35-48-4-4);
(20) An offense in another jurisdiction that is substantially similar to an offense described in divisions (1) through (19);
(21) To be within or upon any municipally-owned public park, park playground, recreation center, swimming or wading pool, sports field or facility, or pathway or trail within a municipally-owned park within the city. 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 IC 5-2-12, or to any person who has been convicted of divisions (16) to (20) above and has completed all of their executed and suspended sentence and the conviction occurred later than five years ago. Furthermore, this section shall not apply to any person who is within or upon such property for the purposed of attending any electoral polling place for the purpose of voting, or campaigning for a candidate for political office at such electoral polling place, or attending an organized gathering for political purpose.
(Ord. 6839, passed 3-21-22)