(a) It shall be unlawful for any person deemed to be an offender against children and 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 (1) or more of the following offenses: (Ord. 06-39, §1, 12-4-06)
(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);
6 I.C. 9-4-1-27 and I.C. 9-4-1-28, authorize the City to regulate traffic in the parks.
(6) Child Solicitation (IC 35-42-4-6);
(7) Child seduction (IC 35-42-4-7);
(8) Sexual battery (IC 35-42-48);
(9) Sexual misconduct with a minor (IC35-42-4-9);
(10) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (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); or
(20) An offense in another jurisdiction that is substantially similar to an offense described in subsections (1) through (19);
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 of Greenwood. 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 is within or upon such property for the purposes of attending any electoral polling place for the purpose of voting, or campaigning for any candidate for political office at such electoral polling place, or attending an organized gathering for a political purpose. (Ord. 06-39, §1, 12-4-06)
(c) A person who violates any provision of Sec. 5-18 (a) or (b) shall be guilty of an infraction punishable by:
(1) A fine of $500 for a first violation;
(2) A fine of $1,000 for a second violation within one (1) year;
(3) A fine of $2,500 for each additional violation within one (1) year.
(4) Penalties shall be processed through the Greenwood City Court, in accordance with I.C. 33-36-2-3.
(5) If, after multiple violations by the same person, the Greenwood Corporation Counsel and the Greenwood Police Department have reasons to believe that the imposition of fines will not be effective in enforcing this Section, the City Legal Department shall be empowered to seek any other remedies provided by law. (Ord. No. 11-37, §1, 11-21-11)
(6) Fines under this Section shall not apply when the prohibited conduct is the subject of a new criminal offense under any applicable state or federal statute or when the prohibited conduct is the basis for the revocation of any condition of parole or probation.
(d) If any subsection, sentence or provision of this Section, or the application thereof to any person or circumstances shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions, or applications of this Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared to be severable. (Ord. 06-39, §1, 12-4-06)