(A) Polling place. When a park or recreation facility is used as a polling place for an election, the registered sex offender may enter for the limited purpose of voting if he or she has right to vote and qualifies to do so at that polling place.
(B) Official meetings. A registered sex offender who has the right to be present at an official meeting shall have the limited privilege of entering on and into a park or recreation facility for such time as is necessary to attend the meeting or function, but any form of loitering or lingering shall be a violation of this chapter. The privilege shall only extend to those parts of the park and/or recreation facility that are commonplace for meetings of that kind and any registered sex offender found outside of those parts shall be punished as outlined in § 131.99.
(C) Consistency with the Jessica Lunsford Act. After November 30, 2008, any action prohibited by this chapter that would also be a violation of G.S. § 14-208.18 (2008) shall no longer be considered a violation of this chapter. For example, after November 30, 2008:
(1) A registered sex offender who enters a park playground will no longer be in violation of this chapter because of the prohibition of the same conduct by G.S. § 14-208.18(a)(1) (2008);
(2) A registered sex offender who enters park property that is held open to the general public that at the time in question is being used for a youth birthday party may not be deemed in violation of this chapter because of the prohibition of the same conduct by G.S. § 14-208.18(a)(2) (2008); and
(3) A registered sex offender will not be in violation of this chapter for being on park property where minors have gathered for regularly scheduled recreational programs because of the prohibition of the same conduct by G.S. § 14- 208.18(a)(3) (2008).
(Ord. 2012-24, passed 3-19-12) Penalty, see § 131.99