(A) Definitions. For the 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.
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 is required to register as a sex offender pursuant to the Sex Offender Registration Act.
SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. RS 29-4001.01, and who has victimized a person 18 years of age or younger.
(B) It shall be unlawful for any sexual predator to reside within 500 feet from a school or child care facility. 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.
(C) Each day that a person violates this section shall be considered a separate violation. The penalty for this section shall be determined as set forth in § 10.99 of this code.
(D) This section shall not apply to a sexual predator who:
(1) Resides within a prison, correction or treatment facility operated by the state or a political subdivision;
(2) Established a residence before July 1, 2006, and has not moved from that residence; or
(3) 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.
(Ord. D-288, passed 2-7-2012) Penalty, see § 10.99