(1) For purposes of this section, the following terms shall have the following meanings:
(a) Child means a person under the age of eighteen (18).
(b) Loiter means standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around a public or private school, registered child-care center, public park or playground and approaching, contacting or communicating with a child.
(c) Playground means a piece of land in Lexington-Fayette Urban County owned, leased, operated or controlled by the Commonwealth of Kentucky, the Lexington-Fayette Urban County Government or the Lexington-Fayette Urban County Public Facilities Corporation for use solely or primarily for children's recreation, including, but not limited to, playground equipment.
(d) Public or private school means any institution that has the primary purpose of educating children.
(e) Public park means a park, nature preserve, conservation area, greenway, trail, or public swimming pool owned, leased, operated or controlled by the Commonwealth of Kentucky, the Lexington-Fayette Urban County Government or the Lexington-Fayette Urban County Public Facilities Corporation.
(f) Registered child-care center means a facility licensed pursuant to KRS 199.896 by the Commonwealth of Kentucky to provide care to children.
(g) Registered sex offender means "registrant" as it is defined in KRS 17.500(4) and whose offense for which the offender is required to register involved a child victim.
(2) (a) It is unlawful for a registered sex offender to be present in any public park building or on real property comprising any public park when children are present in the building or on the grounds, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(b) It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a public park building or real property comprising any public park while children are present in the building or on the grounds, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(c) It is unlawful for a registered sex offender to be present in any public or private school building or on real property comprising any public or private school, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(d) It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a public or private school building or real property comprising any public or private school, unless the registered sex offender is a parent or guardian of a child present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(e) It is unlawful for a registered sex offender to be present in any registered child-care center building or on real property comprising any registered child-care center, unless the registered sex offender is a parent or guardian of a child attending the child-care center and the child is present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(f) It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of a registered child-care center building or real property comprising any registered child-care center, unless the registered sex offender is a parent or guardian of a child attending the child-care center and the child is present in the building or on the grounds and the offender does not approach, contact or communicate with any other child.
(g) It is unlawful for a registered sex offender to be present on real property comprising any playground, unless the registered sex offender is the parent or guarding of a child who is present on the playground and the offender does not approach, contact or communicate with any other child.
(h) It is unlawful for a registered sex offender to loiter on a public way or sidewalk within one thousand (1,000) feet of real property comprising any playground, unless the registered sex offender is the parent or guardian of a child who is present on the playground and the offender does not approach, contact or communicate with any other child.
(3) For purposes of determining distance for subsections (2)(b), (d), (f), and (h) above, the measurement shall be taken in a straight line from where the registered sex offender is loitering to the nearest property line of the public park, public or private school, registered child-care center or playground.
(4) Any person who violates any provision of this section shall be punished by a fine of not greater than five hundred dollars ($500.00) or imprisonment not to exceed twelve (12) months, or both, for each offense.
(Ord. No. 60-2006, § 1, 3-9-06)