2005-26 Distance Restrictions for Sexual OffendersORDINANCE 26-2005
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 19, OFFENSES AND MISCELLANEOUS
_ PROVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE TO CREATE
ARTICLE II THEREUNDER ENTITLED "SEXUAL OFFENDERS AND SEXUAL
PREDATORS" AND PROVIDING A SECTION 19-31 TO PROHIBIT SEXUAL
OFFENDERS AND SEXUAL PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN FLORIDA STATUTES FROM LIVING WITHIN 1,500 FEET OF SPECIFIED
LOCATIONS WITHIN THE VILLAGE OF NORTH PALM BEACH; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and the Village Council acknowledge the recidivism rate for released sex
offenders is alarmingly high, especially for those who commit their crimes on children; and
WHEREAS, the recent attacks on children by registered sex offenders within the State of Florida
has shed light upon the necessity of providing greater protections to children from the risks
posed by registered sex offenders; and
WHEREAS, the Village Council is deeply concerned about the health, safety and protection of
the Village's children; and
WHEREAS, the Village Council believes it is of the utmost importance to provide the Village's
children with safe areas in which to congregate and therefore, the Village Council desires to
establish a policy that will provide greater protections to children against the dangers posed by
registered sex offenders; and
WHEREAS Sections 794.065 and 947.1405, Florida Statutes provide for one thousand (1000)
foot residence prohibitions from specified locations for certain sexual offenders and sexual
predators; and
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and Section 166.021, Florida
Statutes grant the Village the authority to protect the health, safety and welfare of its residents.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances of
the Village is hereby amended to Create Article II thereunder entitled "Sexual Offenders and
Sexual Predators" and to provide a new Section 19-31 and to read as follows:
"ARTICLE II. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Section 19-31. Sexual Offender and Sexual Predator Residence Prohibition.
(1) It is unlawful for any person who has been convicted of a violation of Section
794.011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed upon or in the
presence of persons less than 16 years of age"),827.071 ("Sexual performance by a child"), or
847.0145 ("Buying or selling of minors"), Florida Statutes, regardless of whether adjudication
has been withheld, in which the victim of the offense was less than 16 years of age, to establish a
permanent residence or temporary residence in the Village of North Palm Beach within 1,500
feet of any school, designated public school bus stop, day care center, park, playground or public
pool facility. Provided, however, a person referenced in the foregoing sentence and residing in
the Village of North Palm Beach within 1,500 feet of any school, designated public school bus
stop, day care center, park, playground or public pool facility does not commit a violation of this
section if the person established the permanent residence prior to the effective date of this
Ordinance.
(2) For purposes of determining the minimum distance separation, the distance shall be
measured by following a straight line from the outer property line of the permanent residence or
temporary residence to the nearest outer property line of a school, designated public school bus
stop, day care center, park, or playground.
(3) A person who violates this section shall be punished as provided in section 1-8 of the
Code of Ordinances of the Village"
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 8th DAY OF SEPTEMBER, 2005.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF
SEPTEMBER, 2005.
(Village Seal j
ATTLST:
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VILLAGE CLERK