HomeMy WebLinkAboutO-2021-021 Amending Sec. 17-128 Sexual Offender Residency Prohibition to Amend and Clarify Bus Stops and Certain Child Care Facilities Included Where Children CongregateORDINANCE NO. 2021-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO CHAPTER 17 OF THE CITY'S CODE OF
ORDINANCES, ENTITLED "OFFENSES — MISCELLANEOUS," ARTICLE
VIII, ENTITLED SEXUAL OFFENDERS, AT SECTION 17-128, ENTITLED
"SEXUAL OFFENDER RESIDENCY PROHIBITION" TO AMEND AND
CLARIFY SPECIFICALLY THAT BUS STOPS AND CERTAIN CHILD CARE
FACILITIES ARE INCLUDED IN THE CITY'S DETERMINATION OF AREAS
WHERE CHILDREN REGULARLY CONGREGATE, AND TO DEFINE PARK
AND PLAYGROUND; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach desires to update Chapter 17 of the City's Code of
Ordinances, entitled "Offenses — Miscellaneous," Article VIII, entitled Sexual Offenders, at
Section 17-128, entitled "Sexual Offender Residency Prohibition, to clarify specifically, that bus
stops are included in the City's determination of areas where children regularly congregate; and
WHEREAS, most of the surrounding communities to Dania Beach specifically include
bus stops and certain child care facilities within their definition of where children congregate, and
to ensure clarity the City desires to arnend its definition accordingly; and
WHEREAS, the City also desires to define park and playground in order to provide ftirther
clarity to the application of the ordinance; and
WHEREAS, the City Commission conducted a duly noticed public hearing relating to
the adoption of the amendment; and
WHEREAS, the City Commission finds that it is in the best interest of the City to adopt
the amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true
and correct, and they are made a specific part of this Ordinance.
Section 2. The City Code of Ordinances is amended to read as follows:
ARTICLE VIII. - SEXUAL OFFENDERS
Sec. 17-128. - Sexual offender residency prohibition.
(a) It is unlawful for any "sexual offender," as that term is defined below, to reside within two
thousand five hundred (2,500) feet of any school, day care center, park, playground,
designated public school bus stop, child care facilily, family du care home, or other place
where children regularly congregate.
The term "reside" shall include any temporary stay in any residential unit or any other
facility.
The term "park" shall include a publicly owned or operated area used or available for the
public's use as a recreational facility, including by wqy of example and not limitation,
water parks, linear parks and county recreational trails systems.
The term 'plqyaround" shall include an established or dedicated outdoor area for
recreation and p1gy, including by wgy of example and not limitation, soccer fields,
baseball diamonds, football fields and locations with outdoor equipment such as, by wgy
of example and not limitation, swing sets, climbing qpparatus and slides.
Section 3. If any clause, section, sentence or phrase of this Ordinance is for any
reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. This Ordinance shall be in force and take effective immediately upon its
passage and adoption.
PASSED on first reading on July 13, 202 1.
PASSED AND ADOPTED on second reading on August 24, 202 1.
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CITY CLERK
APPROVED AS
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THOPk4S J.
CITY ATTO
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TAMARA J*JS
MAYOR
2 ORMNANCE #2021-021