HomeMy WebLinkAboutO-2019-020 City Amending Chapter 17, ''Offenses - Miscellaneous" ORDINANCE NO. 2019-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, "OFFENSES -
MISCELLANEOUS," ARTICLE VIII, "SEXUAL VIOLATORS," SECTION
17-128, "SEXUAL VIOLATOR RESIDENCY PROHIBITION," OF THE
CITY CODE OF ORDINANCES, TO REPLACE THE TERM "VIOLATOR
WITH "OFFENDER," UPDATE THE DEFINITION OF SEXUAL
OFFENDER, AND MAKE THE PROVISION OF THE RESIDENCY
PROHIBITION APPLICABLE TO SHORT-TERM TRANSIENT USE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS, on June 28, 2005, the City Commission adopted Ordinance No. 2005-023,
establishing sexual offender residency prohibitions; and
WHEREAS, the City Commission intends to revisit the issue in light of current laws,
current knowledge of effectiveness of sex offender restrictions, reports, data, and court decisions;
and
WHEREAS, short-term transient use is more prevalent due to the accessibility and
popularity of vacation rental homes; and
WHEREAS, the risks posed by sexual offenders against children still exist, whether
establishing permanent or short-term residency; and
WHEREAS, the City Commission desires to amend the City Code in order to apply the
residency prohibition provision to short-term transient use; and
WHEREAS, pursuant to Section 166.041 (3)(a), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and date of the public hearing; and
WHEREAS, a public hearing was held before the City Commission pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article VIII, "Sexual Violators" of Chapter 17, "Offenses -
Miscellaneous," Section 17-128, "Sexual Violator Residency Prohibition," of the City Code of
Ordinances, is amended to read as follows:
ARTICLE VIII. - SEXUAL VIOLATOR TOR C OFFENDERS
Sec. 17-128. - Sexual violato offender residency prohibition.
(a) It is unlawful for any "sexual vielatef", offender," as that term is defined below, to reside
within two thousand five hundred (2,500) feet of any school, day care center, park, of
playground, or other place where children regularly congregate. The term "reside" shall
net include any temporary stay in any residential unit or any other facility as log as th
temper-arny stay does not exeeed fifteen (15) days in any one (1) ea4endar-y .
(b) A person who violates subsection (a) shall be punished by a fine not exceeding five
hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days,
or by both such fine and imprisonment.
(c) For purposes of this section, a "sexual violater offender" is any person who has been
eonvieted ef aff feleny sextW offense in any state in 1-he i—ed States at tifne,
regardless of whether- adjudieation has been A4thheld, in w-hieh the vietim of the offense
was less than sixtlee-:ff (1.6). years of age, as that tefm was applied and tised by the state ii.n.
w-hieh the per-son was eonvieted- to adhere to state laws, pertaining to residency
restrictions for persons convicted of certain sex offenses.
(d) Any person who is registered as a sexual violator, sexual offender or sexual predator and
whose registration shows an address within the city prior to the effective date of this
section may continue to reside at that address even if it is within two thousand five
hundred (2,500) feet of any school, day care center, park, Of playground, or other place
where children regularly congregate.
(e) If a school, day care center, park,of playground, or other place where children re ularly
congregate is established or built after the effective date of this section, the provisions of
subsection (a) shall not apply to any person who is registered as a sexual violator, sexual
offender or sexual predator and whose registration shows an address within the city that
is within two thousand five hundred (2,500) feet of the newly established or built school,
day care center, park,of playground, or other place where children regularly congregate.
2 ORDINANCE 42019-020
(f) It shall be a violation of the City Code of Ordinances for a landlord or owner of
residential property in the city to rent or lease a residence to a sexual violate offender, if
the sexual violate offender intends to reside at the property and if the property is located
within two thousand five hundred (2,500) feet of a school, day care center, park, or
playground, or other place where children regularly congregate. Any person violating this
provision is subject to the code enforcement procedures set forth in chapter 2, article IV,
City of Dania Beach Code of Ordinances.
(g) The two-thousand-five-hundred-foot minimum distance separation shall be measured by
following a straight line from the nearest point of the property line of the residence to the
nearest point of the property line of any property used as a school, day care center, park,
of playground, or other place where children regularly congregate.
(h) The provisions of this section apply to sexual violaters offenders who committed an
offense after June 28, 2005.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 5. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 28, 2019.
PASSED AND ADOPTED on s .ng on November 12, 2019.
ATTEST: oA ��"4�
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THOMAS SCHNEIDER, CMC �ge��SHE��oP LORI MAYOR ELLEN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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THOM J. ANSBR
CITY ATTORNEY
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