(A) Findings and intent.
(1) The state legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict those persons’ place of residency as provided in the Sexual Predator Residency Restriction Act, being Neb. RS 29-4015 et seq.
(2) Sex offenders who prey on children and who are high risks to repeat the acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.
(3) It is the intent of this section, inclusive, to serve the city’s compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the city by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act, being Neb. RS 71-1908 et seq.
RESIDE. To sleep, live, or dwell at a place, which may include more than one location, and may be mobile or transitory.
RESIDENCE. A place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory.
SCHOOL. A public, private, denominational, or parochial school which meets the requirements for state accreditation or approval.
SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act, being Neb. RS 29-4001 et seq.
SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the State Patrol under Neb. RS 29-4013, and who has victimized a person 18 years of age or younger.
(C) Sexual predator residency restrictions; penalties; exceptions.
(1) Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility.
(2) Measure of distance. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.
(3) Violations. A person who violates this section shall be punished as provided generally in the code.
(4) Exceptions. This section, inclusive, shall not apply to a sexual predator who:
(a) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;
(b) Established a residence before July 1, 2006, and has not moved from that residence; or
(c) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.
(Prior Code, § 130.11) (Ord. 578, passed 6-6-2006) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 29-4003 and 29-4013