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05-035 II I 1 ORDINANCE 0 05- O~O 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING CHAPTER 15, ENTITLED, 4 "OFFENSES MISCELLANEOUS," OF THE CITY OF 5 BOYNTON BEACH CODE OF ORDINANCES, TO 6 CREATE ARTICLE X, ENTITLED "SEX OFFENDER 7 RESIDENCY PROHIBITION; ENACTING SECTION 15- 8 121, ENTITLED FINDINGS AND INTENT"; PROVIDING 9 FOR FINDINGS AND INTENT; ENACTING SECTION 10 15-122, ENTITLED "DEFINITIONS,"; PROVIDING FOR 11 DEFINITIONS; ENACTING SECTION 15-123, 12 ENTITLED "SEXUAL OFFENDER AND SEXUAL 13 PREDATOR RESIDENCE PROHIBITION; PENALTIES; 14 EXCEPTIONS," PROVIDING FOR A PROHIBITION 15 FOR SEXUAL OFFENDERS AND SEXUAL 16 PREDATORS CONVICTED OF CRIMES UNDER 17 CERTAIN FLORIDA STATUTES FROM LIVING 18 WITHIN A SPECIFIED DISTANCE WITHIN THE CITY 19 OF BOYNTON BEACH; ENACTING SECTION 15-124, 20 ENTITLED "PROPERTY OWNERS PROHIBITED 21 FROM RENTING REAL PROPERTY TO CERTAIN 22 SEXUAL OFFENDERS AND SEXUAL PREDATORS; 23 PENAL TIES," PROHIBITING OWNERS OF REAL 24 PROPERTY FROM RENTING OR LEASING ANY 25 PLACE, STRUCTURE, OR PART THEREOF, TRAILER 26 OR OTHER CONVEYANCE LOCATED WITHIN A 27 SPECIFIED DIST ANCE WITHIN THE CITY OF 28 BOYNTON BEACH TO SEXUAL OFFENDERS AND 29 SEXUAL PREDATORS CONVICTED OF CRIMES 30 UNDER CERTAIN FLORIDA STATUTES; PROVIDING 31 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 32 PROVIDING FOR AN EFFECTIVE DATE. 33 34 WHEREAS, the City Commission of the City of Boynton Beach is deeply concerned 35 about the numerous recent occurrences in our state and elsewhere, whereby convicted sex 36 offenders who have been released from custody repeat the unlawful acts for which they had 37 originally been convicted; and, 38 WHEREAS, the City Commission of the City of Boynton Beach finds from the 39 available evidence that the recidivism rate for released sex offenders is alanningly high, 40 especially for those who commit their crimes on children; and, II I I WHEREAS, the City of Boynton Beach is a very attractive place of residence for 2 families with small children; and, 3 WHEREAS, the City Commission of the City of Boynton Beach desires to establish a 4 policy providing for the maximum protection of the lives and persons in the City of Boynton 5 Beach; and, 6 WHEREAS, the City has the authority, pursuant to Article VIII, Section 2(b) of the 7 Florida Constitution, and Section 166.021, Florida Statutes, to adopt such provisions in order 8 to protect the health, safety, and welfare of its residents; and, 9 WHEREAS, the United States 8th Circuit Court of Appeals recently issued an opinion 10 in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005), in which the Court 11 upheld similar residency restrictions contained in the State of Iowa Statutes, and found the 12 restrictions to be constitutional; and, 13 WHEREAS, the City Commission finds that the creation of a Sexual Offender 14 Residency Prohibition section of the City Code of Ordinances to prohibit sex offenders 15 convicted of crimes under certain Florida Statutes from living within twenty-five hundred feet 16 (2500') of specified locations in the City of Boynton Beach is in the best interest of the health, 17 safety, and welfare of the residents and citizens ofthe City of Boynton Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, THAT: 20 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confinned 21 as being true and correct and are hereby made a specific part of this Ordinance upon adoption 22 hereof. I Page 2 II I 1 SECTION 2. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton 2 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X, 3 entitled "Sexual Offender Residency Prohibition, Section 15-121; Findings and Intent," to 4 read as follows: 5 ARTICLE X. SEXUAL OFFENDER RESIDENCY PROHIBITION 6 Sec. 15-121 Findin2s and Intent. 7 8 (a) Repeat sexual offenders, sexual offenders who use physical violence, 9 and sexual offenders who prey on children are sexual predators who present 10 an extreme threat to the public safety. Sexual offenders are extremely likely II to use physical violence and to repeat their offenses, and most sexual 12 offenders commit many offenses, have many more victims than are ever 13 reported, and are prosecuted for only a fraction of their crimes. This makes 14 the cost of sexual offender victimization to society at large, while 15 incalculable, clearly exorbitant. 16 17 (b) it is the intent of this ordinance to serve and to protect the city's 18 compelling interest to promote, protect and improve the health, safety and 19 welfare of the citizens of the City by creating areas around locations where 20 children regularly congregate in concentrated numbers wherein certain sexual 21 offenders and sexual predators are prohibited from establishing temporary or 22 pennanent residence. 23 24 SECTION 3. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton 25 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X, 26 Section 15-122, entitled "Definitions," to read as follows: 27 Sec. 15-122. Definitions. I 28 29 The following words, tenns and phrases, when used in this article, shall have 30 the meanings ascribed to them in this section, except where the context 31 clearly indicates a different meaning: 32 33 "Permanent residence" means a place where the person abides, lodges, or 34 resides for 14 or more consecutive days. 35 36 "Temporarv residence" means a place where the person abides, lodges, or 37 resides for a period of 14 or more days in the aggregate during any calendar I Page 3 II I 1 year and which is not the person's pennanent address, or a place where the 2 person routinely abides, lodges, or resides for a period of 4 or more 3 consecutive or nonconsecutive days in any month and which is not the 4 person's pennanent residence. 5 6 SECTION 4. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton 7 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X, 8 Section 15-123, entitled" Penalties; Exceptions," to read as follows: 9 Section 15-123 Penalties: Exceptions. 10 11 (a) It is unlawful for any person who has been convicted of a violation of 12 &&794.01 L 800.04, 827.071, or 847.0145, Fla. Stat., regardless of 13 whether adiudication has been withheld, in which the victim of the offense 14 was less than 16 years of age, to establish a pennanent residence or 15 temporary residence within two thousand five hundred (2500') feet of any 16 school, designated public school bus stop. day care center, park, playground, 17 or other place where children regularly congregate. 18 19 (b) For purposes of detennining the minimum distance separation, the 20 requirement shall be measured by following a straight line from the outer 21 property line of the permanent residence or temporary residence to the 22 nearest outer property line of a school, designated public school bus stop, day 23 care center, park, playground, or other place where children regularly 24 congregate. 25 26 (c) Penalties. A person who violates this section shall be punished by a 27 fine not exceeding $500.00 or by imprisonment for a tenn not exceeding 28 60 days, or by both such fine and imprisonment; for a second or subsequent 29 conviction of a violation of this section, such person shall be punished by a 30 fine not to exceed $1,000.00 or imprisonment in the county iail not more than 31 12 months, or by both such fine and imprisonment. 32 33 (d) ExcelJtions. A person residing within two thousand five hundred 34 (2500') feet of any school, designated public school bus stop, day care center, 35 park, playground, or other place where children regularly congregate does not 36 commit a violation ofthis section if any ofthe following apply: 37 38 (i) The person established the pennanent residence prior to July 39 1, 2005. 40 41 (ii) The person was a minor when he/she committed the offense 42 and was not convicted as an adult. I Page 4 II I 1 2 (iii) The person is a minor. 3 4 (iv) The school, designated public school bus stop or day care 5 center within two thousand five hundred (2500') feet of the persons 6 pennanent residence was opened after the person established the pennanent 7 residence. 8 9 SECTION 5. That Chapter 15, "Offenses - Miscellaneous" of the City of Boynton 10 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X, 11 Section 15-124, entitled" Property Owners Prohibited from Renting Real Property to Certain 12 Sexual Offenders and Sexual Predators; Penalties," to read as follows: 13 Sec. 15-124. Property Owners Prohibited from Rentin2 Real Property 14 to Certain Sexual Offenders and Sexual Predators; Penalties. 15 16 (a) It is unlawful to let or rent any place, structure, or part thereof, trailer 17 or other conveyance, with the knowledge that it will be used as a pennanent 18 residence or temporary residence by any person prohibited from establishing 19 such pennanent residence or temporary residence pursuant to this Code, if 20 such place, structure, or part thereof, trailer or other conveyance, is located 21 within two thousand five hundred (2500') feet of any school, designated 22 public school bus stop, day care center, park, playground, or other place 23 where children regularly congregate. 24 25 (b) A property owner's failure to comply with provisions of this section 26 shall constitute a violation of this section. and shall subiect the property 27 owner to the code enforcement provisions and procedures as provided for in 28 this Code of Ordinances, including the provisions that allow the city to seek 29 relief as otherwise provided by law. 30 SECTION 6. It is the intention of the City Commission of the City of Boynton 31 Beach that the provisions of this Ordinance shall become and be made a part of the Code of 32 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance 33 may be renumbered, re-lettered and the words "Section," "Article" or such other word or 34 phrase may be changed in order to accomplish such intention. I Page 5 II 1 I SECTION 7. If any clause, section, or other part or application of this Ordinance 2 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part or application shall be considered as eliminated and so not 4 affecting the remaining portions or applications remaining in full force and effect. 5 SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of 6 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such 7 conflict. 8 SECTION 9. This Ordinance shall become effective immediately upon adoption. 9 FIRST READING this 5.- day of -.Ju.lt ,2005. 10 SECOND, FINAL READING AND PASSAGE this ~ day Of~, II 12 2005. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 17 18 19 20 21 22 23 24 25 26 , e~~ 27 ATTEST: 28 29 m· ~ 30 31 32 I Page 6