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Ordinance 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 2 ORLA_ 412567.4 ORLA_ 412567.4 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. 3 (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. 4 ORLA_ 412567.4 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 5 ORLA_ 412567.4