(a) Purpose.
(1) The Nebraska Legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled cities to restrict such person's place of residence as provided in the Sexual Predator Residency Restriction Act.
(2) Persons at a high risk to repeat sexual offenses pose a great threat to children and public safety generally. The physical and emotional cost of sex offender victimization to society at large is incalculably high.
(3) It is the intent of this section to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City, particularly the children, by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) "Child care facility" means a place with a license issued under the Nebraska Child Care Licensing Act, Sections 71-1908 to 71-1923, as currently existing or hereafter amended. It shall include licensed places both inside and outside the corporate limits of the City.
(2) "Sex offender" means an individual who has been convicted of a crime listed in Neb. Rev. Stat. Section 29-4003 (1)(a) and (b) and who is required to register by the Sex Offender Registration Act or any person convicted under the law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have required registration under the Nebraska Sex Offender Registration Act, if the conviction occurred in Nebraska.
(3) "Sexual predator" shall mean an individual who is required to register under the State of Nebraska's Sex Offender Registration Act, who committed an aggravated offense as defined and has victimized a person who was eighteen years of age or younger.
(4) "Residence" means a place where the person regularly sleeps, where the person has established his home, where he is habitually present or to which when he departs he intends to or does regularly return. A residence may include more than one location and may be mobile or transitory. Residency may be shown by, among other evidence, receipt of mail at the premises or identification of the premises as a residence on a driver's license, vehicle registration or other document, such as utility or other service billings.
(5) "School" shall mean a public, private, denominational or parochial school which meets the requirements for accreditation or approval prescribed by the State of Nebraska, pursuant to Neb. Rev. Stat. Chapter 79, and which has or includes any or all grades kindergarten through twelfth grade.
(c) Sex Offender Residence Prohibitions; Exceptions and Penalties.
(1) Prohibited location of residence of sexual predator. It shall be unlawful for any sexual predator, as defined in subsection (b) hereof, to reside within 500 feet of a school or child care facility.
(2) Measurement of distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer boundary line of a school or child care facility.
(3) Exceptions. A sexual predator residing within 500 feet of a school or child care facility does not commit a violation of this section if he or she:
A. Resides within a prison or a correctional or treatment facility operated by the State or a political subdivision.
B. Established his or her residence location prior to July 1, 2006 and has not moved from that residence.
C. Established his or her 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.
D. The person is a minor residing with a parent.
E. The person's place of residence becomes a violation of this section solely because of annexation into the City.
F. This section does not preclude a sexual predator deemed to be handicapped or disabled under the Fair Housing Act, Rehabilitation Act or Americans with Disabilities Act from pursuing requests for reasonable accommodations.
(4) Penalties. A person who violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed one year with a mandatory minimum sentence of thirty days and a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). A sexual predator who violates this section may be ordered not to be present at the residence address in the future and if found at said property or lot is subject to immediate arrest to be brought before the court to show cause why he or she should not be imprisoned for contempt.
(Ord. 1568. Passed 6-27-06; Ord. 1633. Passed 11-24-09.)