(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural. The word SHALL is always mandatory and not merely directory.
CHILD SAFETY ZONE. All schools, city parks and public ways within 500 feet of a school or city park.
CHILD SEX OFFENDER.
(a) A person who pursuant to Neb. RS Ch. 28 has been convicted or has entered a plea of guilty or nolo contendre for an offense under any one of the following provisions of the state statutes:
1. Neb. RS 28-320.01 (Sexual Assault of a Child);
2. Neb. RS 28-703 (Incest);
3. Neb. RS 28-1463.03 (Visual Depiction of Sexually Explicit Conduct);
4. Neb. RS 28-311 (Child Enticement);
5. Neb. RS 28-320.02 (Sexual Assault by Use of Computer);
6. Neb. RS 28-813.01 (Visual Depiction of Sexually Explicit Conduct Involving a Child);
7. Neb. RS 28-1463.05 (Visual Depiction of Sexually Explicit Acts with a Child Related to Possession of the Same);
8. Neb. RS 28-319(1)(c) (Sexual Assault of a Minor); and/or
9. All crimes involving a child enumerated in Neb. RS 29-4003(1)(a)(xii).
(b) A person who has been convicted or has entered a plea of guilty or nolo contendre for an offense under any substantially similar federal law or law of another state, or law of a foreign country, or the Uniform Code of Military Justice, being Neb. RS 55-401 et seq. or similar state counterpart, or the attempt to commit a sex offense.
CITY PARK.
(a) Land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children’s recreation; and
(b) City recreational areas, including, but not limited to, a forest preserve, conservation area, jogging trail, hiking trail, water park, swimming pool, soccer field, baseball field or school playground under the jurisdiction of a unit of local government.
LOITER. Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around a school, city park property or public way.
PUBLIC WAY. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafés, arcades and similar areas that are open to the use of the public.
SCHOOL. Any institution that is designated by a unit of local government for instruction of educational material.
(B) Prohibitions.
(1) It shall be unlawful for a child sex offender to knowingly loiter in any city park as defined herein.
(2) It shall be unlawful for a child sex offender to knowingly loiter at any school as defined herein.
(3) It shall be unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a school or city park as defined herein.
(C) Enforcement procedures. If a police officer reasonably believes that a child sex offender is in a city park or at a school in violation of this section, the officer shall require the child sex offender to provide his or her name, address and telephone number. If it is established that the individual is a child sex offender, then the officer shall notify the child sex offender that he or she is in violation of this section.
(Prior Code, § 6-338) (Ord. 681, passed 4-4-2006) Penalty, see § 135.99