It is prohibited and unlawful for any sexual offender or sexual predator to abide, lodge or reside in a permanent or temporary residence located within the town when the residence is located within 1,000 feet of any school, day care center, park or playground, regardless of whether the school, day care center, park or playground lies within the jurisdictional limits of the town. A sexual offender or sexual predator, having a permanent residence within 1,000 feet of any school, day care center, park or playground, does not commit a violation of this section if any of the following apply:
(A) The sexual offender or sexual predator established the permanent residence in the specific dwelling in question prior to the effective date of the enactment of this chapter;
(B) The sexual offender or sexual predator was a minor when committing the offense causing the designation as a sexual predator or sexual offender and was not sentenced as an adult for that offense; and/or
(C) The school, day care center, park or playground was opened or established after the sexual offender or sexual predator established the permanent residence.
(Ord. 2006-04, passed 3-21-2006) Penalty, see § 132.99