(a) Prohibited location of residence. It is prohibited and therefore unlawful for any individual who is a sexual violator, regardless of whether adjudication has been withheld, when the victim of the offense for which the conviction resulted was under 17 years of age at the time the offense was committed, to establish a permanent residence or temporary residence located within the town when such residence is located within 2,000 feet from any public school, public park, or public library, regardless of whether the public school, public park, or public library lies within the town limits of the town, unincorporated Brevard County, or any adjacent municipality.
(b) Measurement of distance. 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 nearest outer property line of a public school, public park, or public library.
(c) Identification.
(1) A sexual violator attending any school or transporting children which violator has legal custody of such child or children to a public school or day care center must declare his or her status as a sexual violator to the public school or day care center principal or designee prior to entering the public school or day care center property, and must also either schedule with the principal a set time period to enter upon the property or immediately notify the principal or designee upon entering public school grounds or day care center property.
(2) All sexual violators registered in Brevard County shall carry their state driver's license, or Florida state identification card, on their person at all times.
(d) Penalties. A person who violates this section shall be punished as provided in § 1-99, Town Code.
(e) Exceptions. A sexual violator residing within 2,000 feet of any public school (prekindergarten through grade 12), public park, or public library, does not commit a violation of this section if any of the following apply
(1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Sections 775.21, 943.0435, or 944.607, Fla. Stat., prior to July 1, 2014;
(2) The person was a minor when he/she committed the offense and was not convicted as an adult;
(3) The person is a minor;
(4) The public school, public park, or public library located within 2,000 feet of the sexual violator's permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Sections 775.21, 943.0435 or 944.607, Fla. Stat.; or
(5) The sexual violator is utilizing a temporary emergency shelter as a temporary residence immediately before, during, or following the threat or existence of a public disaster, including but not limited to a hurricane or other weather emergency.
(Ord. 2014-04, passed 6-18-14) Penalty, see § 1-99