(A) Definitions. For purposes 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.
SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, being Neb. RS 29-4001 et seq., 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.
SCHOOL. A public, private, denominational or parochial school which meets the requirements for state accreditation or approval.
(B) Residency restrictions; penalties; exceptions.
(1) It shall be unlawful for any sexual predator to reside within 500 feet from a school or child care facility.
(2) 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 sexual predator’s residence to the nearest outer boundary line of the school or child care facility.
(3) This section shall not apply to a sexual predator who:
(a) Resides within a prison or correctional or treatment facility operated by the state or one of its political subdivisions;
(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, § 6-339) (Ord. 686, passed 6-6-2006) Penalty, see § 135.99