(A)   No sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, day care center, park or playground except to:
      (1)   Attend a scheduled interview or meeting with a social service provider licensed by the state;
      (2)   Comply with a request or court order from the judiciary, a correctional facility or a law enforcement entity;
      (3)   Attend a scheduled meeting or interview with criminal justice personnel at a criminal justice facility;
      (4)   Attend a bona fide educational institution as a registered student;
      (5)   Attend a scheduled or emergency health care visit with a licensed physician;
      (6)   As a result of fulfilling legally allowable duties imposed by gainful employment;
      (7)   Transport children within their legal custody to and from school or day care without any undue delay or loitering on premises;
      (8)   Seek refuge in a public shelter that has been officially designated by Brevard County or any municipality to house sexual offenders or sexual predators during times of impending natural disasters or acts of terrorism;
      (9)   Attend a scheduled legal consultation meeting with an attorney who is recognized as a licensed member of the Bar of the State of Florida;
      (10)   Attend a church service or function;
      (11)   Vote at a designated polling place within his or her district;
      (12)   If the sexual offender or sexual predator is the parent or guardian of a person under 18 years of age, provided the sexual offender or sexual predator has declared his or her status as a sexual offender or sexual predator prior to entering the school property and has either scheduled a set time period to enter upon the property with the principal or designee or immediately notifies the principal or designee upon entering the school property:
         (a)   Attend a scheduled conference at school with school personnel to discuss the progress of his or her child academically or socially;
         (b)   Participate in scheduled child review conferences in which evaluation and placement decisions may be made or considered with respect to his or her child regarding special education services; or
         (c)   Attend scheduled conferences to discuss other student issues concerning his or her child such as retention and promotion.
      (13)   If the sexual offender or sexual predator lawfully resides within 1,000 feet of any school, day care center, park or playground, he or she may enter into or remain within 1,000 feet of the school, day care center, park or playground for the purposes of travel to and from his or her residence, and any other bona fide activity arising from the ordinary maintenance and activities associated with the residence.
   (B)   However, this section shall not be construed as prohibiting any person from traveling on those public roads located within the town when traveling through the buffer zone without intentional delay.  A law enforcement officer shall, prior to any arrest for an offense under this section afford the person an opportunity to explain his or her presence in the area and the purpose thereof. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above.
(Ord. 2006-04, passed 3-21-2006)  Penalty, see § 132.99