(A) Findings and intent.
(1) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(2) It is the intent of this section not to impose a criminal penalty but rather to serve the town's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the town by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD. A person under the age of 15 for purposes of this section.
DESIGNATED OFFENDER. Any person who is required to register under IC 11-8-8-1 et seq. for any sexual offense against a child or any person.
MINOR. A person under the age of 18.
PERMANENT RESIDENCE. A place where the person abides, lodges, or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE. A place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
(C) Sexual offender and sexual predator residence, prohibition; exceptions.
(1) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 500 feet of any school, licensed day care center, park, trail, or playground.
(2) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this subdivision (C)(2). Participation is to be defined as actively taking part in the event.
(3) Measurement of distance.
(a) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, licensed day care center, park, trail, or playground.
(b) The Town Clerk-Treasurer shall maintain an official map showing prohibited locations as defined by this section. The Clerk-Treasurer shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.
(4) Exceptions. A designated offender residing within a prohibited area as described in subdivision(C)(1) does not commit a violation of this section if any of the following apply:
(a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to IC 11-8-8-1 et seq. before the effective date of this section.
(b) The person is a minor and is not required to register under IC 11-8-8-1 et seq.
(c) The school, licensed day care center, park, trail, or playground within 500 feet of the persons permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to IC 11-8-8-1 et seq.
(d) The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children, provided that such parent, grandparent, sibling, spouse, or child and the residence was established at least two years before the designated offender established residence at the location.
(D) Property owners prohibited from renting real property to certain sexual offenders and sexual predators.
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this section, if such place, structure, or part thereof, trailer, or other conveyance is located within a prohibited location zone described in subdivision (C)(1).
(2) A property owner's failure to comply with provisions of division (D) of this section shall constitute a violation of this section and shall subject the property owner to the code enforcement provisions in § 130.99, as provided in this section.
(E) Severability. If any provision of this section or application thereof to any person or circumstance is held unlawful or otherwise invalid, such invalidity does not affect other provisions or applications of this section which can be given effect without the invalid application or provision, and to this end each such invalid provision or application of this section is severable. It is hereby declared to be the intent of the Town Council that this section would have been issued had any such unlawful or otherwise invalid provision or application not been included.
(Ord. 2008-3, passed 7-1-08) Penalty, see § 130.99