HomeMy WebLinkAboutOrdinance 2006-015
ORDINANCE 2006-015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN ST A TUTES OF FLORIDA OR OTHER
JURISDICTIONS FROM LIVING WITHIN 2500 FEET OF
SPECIFIED LOCATIONS WITHIN THE CITY OF OCOEE;
PROHIBITING PERSONS FROM LETTING, RENTING OR
OTHERWISE ALLOWING THE USE OF ANY REAL
PROPERTY, PLACE, STRUCTURE, TRAILER OR OTHER
CONVEYANCE, OR PART THEREOF, WITH THE
KNOWLEDGE THAT IT WILL BE USED AS A
PERMANENT RESIDENCE OR TEMPORARY
RESIDENCE OF A SEXUAL OFFENDER OR SEXUAL
PREDATOR WITHIN 2500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF OCOEE;
PROVIDING FOR PENAL TIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Ocoee are deeply concerned about
recent occurrences in our state and elsewhere, whereby convicted sexual offenders and
sexual predators who have been released from custody repeat the unlawful acts for which
they had originally been convicted; and
WHEREAS, the City is becoming an increasingly attractive place of residence for
families with children; and
WHEREAS, SS 794.065 and 947.1405, Florida Statutes, provides that certain sexual
offenders and sexual predators may not establish a residence with within one thousand
(1,000) feet of specified locations; and
WHEREAS, in an effort to protect the health, safety and welfare of the citizens of
Ocoee, the City Commission of the City of Ocoee desire to establish a policy which provides
heightened protection of the lives and persons in the City of Ocoee; and
WHEREAS, S 847.0134, Florida Statutes, provides that certain adult entertainment
venues may not be located within two thousand five hundred (2,500) feet of specified
locations; and
WHEREAS, the City Commission of the City of Ocoee desire to prohibit sexual
offenders and sexual predators from establishing a residence within two thousand five
hundred (2,500) feet of certain locations within the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_ 412567.4
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. A new Chapter 136 of the Code of Ordinances of the City of Ocoee,
Florida is hereby adopted as follows:
CHAPTER 136
SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 1 Findin2s and Intent.
(a) The City has appointed the Child Protection
Recommendation Committee (the "Committee") to research and
make recommendations with respect to the issues set forth in this
Ordinance. Based on the Committee's research, the Committee
has found that repeat sexual offenders, sexual offenders who use
physical violence, and sexual offenders who prey on children are
sexual predators who present an extreme threat to the public safety.
Sexual offenders are extremely likely to use physical violence and
to repeat their offenses and most sexual offenders commit many
offenses, have more victims than ever reported, and are prosecuted
for only a fraction of their crimes. This makes the cost of sexual
victimization to society at large, while incalculable, clearly
exorbitant. Based upon these findings, the Committee
recommended that the City adopt this Ordinance.
(b) It is the intent of this Chapter to serve the City's
compelling interest to promote, protect and improve the health,
safety and welfare of the citizens of the City by creating areas
around locations where minors regularly congregate in
concentrated numbers wherein certain sexual offenders and sexual
predators are prohibited from establishing temporary or permanent
residence.
Sec. 2 Definitions
The following words, terms and phrases, when used in this
Chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
"Permanent residence" means a place where the person abides,
lodges or resides for 14 or more consecutive days.
"Temporary residence" means a place where the person abides,
lodges or resides for a period of 14 or more days in the aggregate
during any calendar year and which is not the person's permanent
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address, or a place where the person routinely abides, lodges, or
resides for a period of 4 or more days in any month and which is
not the person's permanent residence.
Sec. 3 Sexual Offender and Sexual Predator Residence
Prohibition and Exceptions.
(a) It is unlawful for any person who is convicted of
committing, or attempting, soliciting, or conspiring to commit any
of the criminal offenses proscribed in the following statutes in this
state or similar offenses in another jurisdiction: S 787.01, S 787.02,
or S 787.025, where the victim is a minor and the defendant is not
the victim's parent; chapter 794, excluding SS 794.011(10) and
794.0235; S 796.03, S 800.04; S 825.1025; S 827.071; S 847.0133;
S 847.0135; S 847.0137; S 847.0138; S 847.0145; or any similar
offense committed in this state which has been redesignated from a
former statute number to one of those listed on this paragraph; or
who has otherwise been designated as a sexual predator, as a
violent sexual predator, or by another sexual offender designation
in any state or jurisdiction and was, as a result of such designation,
subjected to registration or community or public notification, or
both, or would be if the person were a resident of that state or
jurisdiction, to establish a permanent residence or temporary
residence within two thousand five hundred (2,500) feet of any
school, designated school bus stop, day care center, park,
playground, place of worship, or other place designed or intended
for minors to regularly congregate. 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 to nearest outer property line of a
school, designated school bus stop, day care center, park,
playground, place of worship or other place designed or intended
for minors to regularly congregate.
(b) Exceptions. A person residing within two thousand five
hundred (2,500) feet of any school, designated school bus stop, day
care center, park, playground, place of worship or other place
designed or intended for minors to regularly congregate does not
commit a violation of this section if any of the following apply:
(i) The person established the permanent residence or
temporary residence and reported and registered the residence
pursuant to SS 775.21,943.0435 or 944.607, Florida Statutes, prior
to September 5, 2006
(ii) The person was a minor when he/she committed the
offense and was not convicted as an adult.
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(iii) The person is a minor.
(iv) The school, designated school bus stop, day care
center, park, playground, place of worship or other place designed
or intended for minors to regularly congregate within 2500 feet of
the person's permanent residence was opened after the person
established the permanent residence or temporary residence and
reported and registered the residence pursuant to SS 775.921,
943.0435 or 944.607, Florida Statutes.
Sec. 4 Prohibition Aeainst Rentine or Allowine the Use of
Property bv Sexual Offenders and Sexual Predators.
It is unlawful for any person to enter into or renew any existing
lease, rental agreement or other contract for, or otherwise let, rent
or allow the use of any real property, place, structure, trailer or
other conveyance, or part thereof, with the knowledge that it will
be used as a permanent residence or temporary residence by any
person prohibited from establishing such permanent residence or
temporary residence pursuant to Section 3 of this Chapter if such
real property, place, structure, trailer or other conveyance, or part
thereof, is located within two thousand five hundred (2,500) feet of
any school, designated school bus stop, day care center, park,
playground, place of worship, or other place designed or intended
for minors to regularly congregate.
Sec. 5 Penalties for Offenses.
Any person violating any provision of this Section shall, upon
conviction, be punished as provided in Section 1-12 of Chapter 1,
General Provisions, Article II, of the Code of Ordinances of the
City of Ocoee. Each day such violation is committed or permitted
to continue shall constitute a separate offense. In addition to the
forgoing, the City may enforce the provisions of this Chapter as
provided in Chapter 7, Enforcement of Code, of the Code of
Ordinances of the City of Ocoee or pursue any other remedy
permitted by law.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
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SECTION 4. CODIFICATION
It is the intention of the City Commission of the City that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City; and that sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"chapter," "section," "article," or such other appropriate word or phrase in order to accomplish
such intentions; and regardless of whether such inclusion in the Code is accomplished, sections
of this Ordinance may be renumbered or relettered and the correction of typographical errors
which do not affect the intent may be authorized by the City Manager, without need of public
hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect on the ST1t of ~~006.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
'I
/~~~C' P
. ___ --.l< ~ ,l[,' U . "().,,
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ~"l.. y.....)-, 2006
READ FIRST TIME ~ 2006
READ SECOND TIME AND ADOPTED
~. S- , 2006
UND R AGENDA ITEM NO.-9---
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEG~ITY .V'JJ,A_ L._
this .i- day of~, 2006.
FOLEY & LARDNER LLP
By: qJr fdlJ
City Attorney
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