06-048
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ORDINANCE 06- I)t.j-f
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AMENDING CHAPTER 15, ENTITLED
4 "OFFENSES MISCELLANEOUS," SECTION 15-123,
5 ENTITLED, "PENAL TIES; EXCEPTIONS" OF THE
6 CITY OF BOYNTON BEACH CODE OF ORDINANCES,
7 TO PROVIDE FOR THE INCLUSION OF ADDITIONAL
8 INDIVIDUALS WHO ARE REQUIRED TO REGISTER
9 AS SEXUAL OFFENDERS PURSUANT TO STATE LAW
10 WITHIN THE CITY'S RESIDENCY PROHIBITION;
11 PROVIDING FOR CONFLICTS; PROVIDING FOR
12 SEVERABILITY; PROVIDING FOR AN EFFECTIVE
13 DATE.
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15 WHEREAS, the City of Boynton Beach is a very attractive place of residence for
16 families with small children; and,
17 WHEREAS, the City Commission of the City of Boynton Beach established a policy
18 providing for the maximum protection of the lives and persons in the City of Boynton Beach;
19 and,
20 WHEREAS, on July 19, 2005, the City Commission of the City of Boynton Beach
21 enacted its Sexual Offender Ordinance creating sexual offender residency prohibitions; and,
22 WHEREAS, the City Commission of the City of Boynton Beach finds it necessary to
23 include the same restrictions and residency for sexual offenders and predators who are
24 convicted in other states and jurisdictions but who may move to the State of Florida and more
25 particularly the City of Boynton Beach; and
26 WHEREAS, the City has the authority, pursuant to Article VIII, Section 2(b) of the
27 Florida Constitution, and Section 166.021, Florida Statutes, to adopt such provisions in order
28 to protect the health, safety, and welfare of its residents; and,
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, THAT:
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SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
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as being true and correct and are hereby made a specific part of this Ordinance upon adoption
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hereof.
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SECTION 2. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
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Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
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entitled "Sexual Offender Residency Prohibition, Section 15-123; entitled " Penalties;
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Exceptions," to read as follows:
Section 15-123
Penalties; Exceptions.
(a) It is unlawful for any person who has been convicted of a violation of
SS794.011, 800.04, 827.071, or 847.0145, Fla. Stat., 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 within two thousand five hundred (2,500!) feet of any
school, designated public school bus stop, day care center, park, playground,
or other place where children regularly congregate.
(b) It is unlawful for any person who is required to register as a sexual
predator or sexual offender under the laws of the state, to establish a
permanent residence or temporary residence within two thousand five
hundred (2,500) feet of any school, designated public school bus stop, day
care center, park, playground, or other place where children regularly
congregate.
(69) 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 or temporary residence to the
nearest outer property line of a school, designated public school bus stop, day
care center, park, playground, or other place where children regularly
congregate.
(eg) Penalties. A person who violates this section 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; for a second or subsequent
conviction of a violation of this section, such person shall be punished by a
fine not to exceed $1,000.00 or imprisonment in the county jail not more than
12 months, or by both such fine and imprisonment.
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(d~) Exceptions. A person residing within two thousand five hundred
(2500') feet of any school, designated public school bus stop, day care center,
park, playground, or other place where children regularly congregate does not
commit a violation of this section if any of the following apply:
(i)
1,2005.
The person established the permanent residence prior to July
(ii) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(iii) The person is a minor.
(iv) The school, designated public school bus stop or day care
center within two thousand five hundred (2,500!) feet of the persons
permanent residence was opened after the person established the permanent
residence.
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SECTION 6. It is the intention of the City Commission of the City of Boynton
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Beach that the provisions of this Ordinance shall become and be made a part of the Code of
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Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
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may be renumbered, re-lettered and the words "Section," "Article" or such other word or
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phrase may be changed in order to accomplish such intention.
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SECTION 7. If any clause, section, or other part or application of this Ordinance
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shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
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unconstitutional or invalid part or application shall be considered as eliminated and so not
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affecting the remaining portions or applications remaining in full force and effect.
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SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
conflict.
SECTION 9. This Ordinance shall become effective immediately upon adoption.
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FIRST READING this /(;11, day Of~, 2006.
SECOND, FINAL READING AND PASSAGE this ~ day of June..
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;~ ~Yn. p~
23 Cit Clerk
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2006.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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