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Home My WebLink AboutO-2005-023 Sexual Violators Residency ProhibitionORDINANCE NO. 2005-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, ENTITLED "OFFENSES - MISCELLANEOUS", TO ESTABLISH ARTICLE VIII ENTITLED "SEXUAL VIOLATOR"; ESTABLISHING SECTION 17-128, ENTITLED "SEXUAL VIOLATOR RESIDENCY PROHIBITION," TO PROHIBIT CONVICTED SEXUAL VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, recent horrific attacks on children by registered sex offenders within the State of Florida and the nation have demonstrated that there is a need to afford greater protection to children from the risks posed by registered sex offenders; and WHEREAS, the City Commission of the City of Dania Beach is deeply 0 concerned about the health, safety and protection of Dania Beach's children; and WHEREAS, the City Commission of the City of Dania Beach believes it is of the utmost importance to provide the City's children with safe areas in which to live and play, and therefore, the City Commission desires to adopt a law that will provide greater protection to children against the dangers posed by registered sex offenders; and WHEREAS, Article V111, Section 2(b) of the Florida Constitution and § 166.021, Florida Statutes, grant the City authority to adopt such provisions in order to protect the health, safety and welfare of its residents; and WHEREAS, the 8" Circuit United States Court of Appeals recently issued an opinion in the case of Doe v. Miller, 2005 WL 991635 (8" Cir. April 29, 2005) in which the Court upheld similar residency restrictions adopted by the State of Iowa, and found the restrictions to be valid; and WHEREAS, the U.S. Department of Justice conducted a study titled Recidivism of Sex Offenders Releasedftom Prison in 1994 (November 2003), and the Center for Sex Offender Management (along with the Office of Justice Programs, National Institute of Corrections, and the State Justice Institute) published a study entitled Recidivism of Sex Offenders (May 2001), and both studies suggested that there is an increased risk of recidivism for persons convicted of sexual offenses; and WHEREAS, the City Commission finds that the creation of a Sexual Offender Residency Prohibition section in the City Code of Ordinances to prohibit convicted sex offenders from living within two thousand five hundred (2,500) feet of specified locations in the City of Dania Beach is in the best interest of the health, safety and welfare of the residents and citizens of the City of Dania Beach; 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: is Section 1. Chapter 17 of the Code of Ordinances of the City of Dania Beach shall be amended to create Article VIII, to read as follows: ARTICLE VIII. SEXUAL VIOLATORS Sec. 17-128. Sexual violator residency prohibition. (a) It is unlawful for any "Sexual Violator", as that. term is defined below, to reside within 2,500 feet of any school, day care center, park or playground. The term "reside" shall not include any temporary.stay in any residential unit or any other facility as long as the temporary stay does not exceed fifteen (15) days in any one (1) calendar year. (b) A person who violates Section 17-128(a) shall be punished by a fine not exceeding $500.00-or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment. 2 ORDINANCE 42005-023 (c) For purposes of this section, a "Sexual Violator" is any person who has ,-0 been convicted of any felony sexual offense in any state in the United States at any time, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted. (d) Any person who is registered as a sexual violator, sexual offender or sexual predator and whose registration shows an address within the City a prior to the effective date of this section may continue to reside at that address even if it is within 2,500 feet of any school, day care center, park or playground. (e) If a school, day care center, park or playground is established or built after the effective date of this section, the provisions of Section 17-128(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 2,500 feet of the newly established or built school, day care center, park or playground. (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 Violator, if the Sexual Violator intends to reside at the property and if the property is located within 2,500 feet of a school, day care center, park or playground. 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 2,500 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 or playground. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. 3 ORDNANCE #2005-023 Section 4. 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 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on June 14, 2005. PASSED AND ADOPTED on second reading on June 28, 2005. -,ATTEST: IOUISE STII:SON -CITY CLERK 0""_ C"i�c ANNE CASTRO MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: /�\_ RM TIIdM�S f. AI�SBRO CITY ATT RNEY 0 M ORDINANCE #2005-023 TO: Mayor and City Commission Ivan Pato, City Manager Chief Bryan Cowart Louise Stilson, City Clerk FROM: Tom Ansbro, City Attorney DATE: June 27, 2005 RE: "Sexual Violators" Ordinance; Addition of "Whereas" Clause to Identify 0 Recidivism Study Attached is a revised copy of the referenced ordinance, scheduled for second reading (adoption) at the June 28, 2005 City Commission meeting. A new recital clause (second last "Whereas" provision) has been added to identify two studies pertaining to the risk of repeat offenders (recidivism) by sexual violators. The ordinance is ready for adoption at the June 28, 2005 Commission meeting. TJA:slw Attachment is 0 02��MWI TO: Mayor and City Corm-nission Ivan Pato, City Manager Chief Cowart Larry Leeds, Community Development Director Louise Stilson, City Clerk FROM: Tom Ansbro, City Attorney DATE: - June 16, 2005 RE: Addition of Measurement Provision to Ordinance Pertaining to "Sexual 0 Violators" for Second Reading I have added a new provision to the referenced ordinance, which was adopted on first reading at the June 14, 2005, City Commission meeting, to specify the method of measurement for the 2,500 foot distance separation requirement. It will read as follows: (g) The 2,500 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 or playground. In all other respects, the ordinance remains the same as the version presented on first reading. TJA: slw Attachment E L) u 0 a 0 Az LU en 2N NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on June 28, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2005-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23, "TAXATION", ARTICLE VI, "SERVICE CHARGES FOR PROCESSING LIEN INFORMATION", SECTION 23-67, "CHARGES FOR PREPARING AND RECORDING LIENS AND LIEN SATISFACTIONS" TO REVISE THE FEES PAYABLE TO THE CITY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2005-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, ENTITLED "OFFENSES - MISCELLANEOUS", TO ESTABLISH ARTICLE VIII ENTITLED "SEXUAL VIOLATOR"; ESTABLISHING SECTION 17-128, ENTITLED "SEXUAL VIOLATOR RESIDENCY - PROHIBITION," TO PROHIBIT CONVICTED SEXUAL VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERA-BILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this bearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004.,(954) 924-3622 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk Run in Sun Sentinel: June 17, 2005