Ord 36-06
ORDINANCE NO. 36-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL
PREDATORS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING
SECTION 136.02, "SEXUAL OFFENDERS AND SEXUAL
PREDATOR RESIDENCE PROHIBITION", TO PROVIDE
FOR AN ADDITIONAL EXCEPTION TO THE
RESIDENCE PROHIBITION TO EXCLUDE PERSONS
WHO WERE CONVICTED OF THE ENUMERATED
OFFENSES PRIOR TO OCTOBER 1, 2004; PROVIDING
FOR A SAVINGS CLAUSE, GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has determined that sexual offenders and predators
convicted of certain sexual crimes pose a real and substantial danger to children and therefore, has
provided for sexual offenders and predator residence restrictions for those persons convicted of
violations which occur on or after October 1, 2004; and,
WHEREAS, the Mayor and the City Commission to aid in enforcement, desire to
establish an effective date consistent with that of Florida State Statute 794.065 and 947.1405; and,
Section 1. That Chapter 136, "Sexual Offenders and Sexual Predators", Section 136.02,
"Sexual Offenders and Sexual Predator Residence Prohibition", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 136.02. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION
(A) It is unlawful for any person who has been convicted of a violation of F.S. 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'1, 827.071 C'Sexual performance by a child"), or 847.0145 C'Buying or
selling of minors"), or similarly relates to offenses if out-of-state, regardless of whether adjudication has
been withheld, in which the victim of the offense was less than sixteen (16) years of age, to establish a
permanent residence or temporary residence within one thousand five hundred (1,500) feet of any
schoo~ designated public school bus stop, day care center, or park.
(B) For purposes of detennining 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 schoo~ designated public school bus stop, day care center or
park.
(C) Exceptions: A person referenced in Section 136.02 .(A) B(I) and residing within one
thousand five hundred (1,500) feet of any schoo~ designated public school bus stop, day care center, or park,
does not commit a violation of this section if.
(1) The person established the permanent residence prior to November 15, 2005 (the
effective date of this Ordinance No. 75-05);
(2) The person had permanent residency prior to being designated a sexual offender or
predator.
(3) The person was a minor when he/she committed the offense and was not convicted
as an adult.
(4) The person is a minor.
(5) The school, designated public school bus stop, day care center, or park ef-within one
thousand five hundred (1,500) feet of the person's permanent residence was opened
after the person established the permanent residence.
00. The person was convicted of the crimes enumerated in 136.02(a) prior to
October 1.2004.
Section 2. If any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or circumstance,
be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity of any other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. This ordinance shall become effective immediately upon passage on
second and final reading.
2
ORD. NO. 36-06
('
\ ~ p AS.~~ ADOPTED in regular session 00 second and final reading 00 this the
_ day of ,2006.
~!- 4.
ATTEST:
~'~~'~~~'~J
City Clerk
First Reading on
3
ORD.NO.36-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CTIYMANAGERtt1
AGENDA ITEM # ,<:) ~ - REGULAR MEETING OF JULY 11. 2006
ORDINANCE NO. 36-06
SUBJECT:
DATE:
JULY 7, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 136,
"Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02, 'Sexual
Offenders and Predator Residence Prohibition", to provide for an additional exception to the
residence prohibition to exclude persons who were convicted of the enumerated offenses prior to
October 1, 2004 to mirror the Florida State Statutes.
At the first reading on June 20, 2006, the Commission passed Ordinance No. 36-06.
Recommend approval of Ordinance No. 36-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 3606 Amend 136.02 Sexual Offenders 071106
[IT' DF DElRR' BER[H
CITY ATTORNEY'S OFFICE
~ POLICE LEGAL ADVISOR
, III I!
300 \V ATLAi\"nC AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHOi\E 'iGl/243-7K23 . FACSIMILE 561/243-7K15
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
City Commission
David Harden, City Manag r
From:
Catherine M. Kozol,
Police Legal Advisor/As
Date:
June 14, 2006
Re:
Ordinance No. 36-06
Amending Sexual Offenders and Sexual Predators
Chapter 136, Section 136.02
This is an ordinance which amends Sexual Offenders and Sexual
Predators Residence Prohibition to provide for an additional exception to exclude
persons who were convicted of the enumerated offenses prior to October 1, 2004
to mirror the Florida State Statutes.
Would you please place this ordinance on the June 20th Agenda for first
reading.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief J. Schroeder
Carolanne Kucmerowski, Agenda Coordinator
~
\
\~-A
, '
ORDINANCE NO. 36-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 136,
"SEXUAL OFFENDERS AND SEXUAL PREDATORS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 136.02, "SEXUAL OFFENDERS AND
SEXUAL PREDATOR RESIDENCE PROHIBITION", TO
PROVIDE FOR AN ADDITIONAL EXCEPTION TO THE
RESIDENCE PROHIBITION TO EXCLUDE PERSONS WHO
WERE CONVICTED OF THE ENUMERATED OFFENSES
PRIOR TO OCTOBER 1, 2004; PROVIDING FOR A SAVINGS
CLAUSE, GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has determined that sexual offenders and
predators convicted of certain sexual crimes pose a real and substantial danger to children and
therefore, has provided for sexual offenders and predator residence restrictions for those
persons convicted of violations which occur on or after October 1,2004; and,
WHEREAS, the Mayor and the City Commission to aid in enforcement, desire to
establish an effective date consistent with that of Florida State Statute 794.065 and 947.1405;
and,
Section 1. That Chapter 136, "Sexual Offenders and Sexual Predators", Section
136.02, "Sexual Offenders and Sexual Predator Residence Prohibition", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Sec. 136.02. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION
(A) It is unlawful for any person who has been convicted of a violation of F.S. 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"), or similarly relates to offenses if out-of-state, regardless of
whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16)
years of age, to establish a permanent residence or temporary residence within one thousand five
hundred (1,500) feet of any school, designated public school bus stop, day care center, or park.
(B) 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 or park.
(C) Exceptions: A person referenced in Section 136.02 !Al8{l} and residing within one
thousand five hund~ (1 ,SOO) feet of any school, designated public school bus stop, day care center, or
park, does not commit a violation of this section if:
(1) The person established the permanent residence prior to November 15, 2005 (the
effective date of this Ordinance No. 75-05);
(2) The person had permanent residency prior to being designated a sexual offender
or predator.
(3) The person was a minor when he/she committed the offense and was not con-
victed as an adult.
(4) The person is a minor.
(5) The school, designated public school bus stop, day care center, or park 9F-within
one thousand five hundred (1,500) feet of the person's permanent residence was
opened after the person established the permanent residence.
00 The person was convicted of the crimes enumerated in 136.02(a) prior to
October 1. 2004.
Section 2. If any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, paragraph, sentence
or word or provision or its application to other persons or circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. This ordinance shall become effective immediately upon passage on
second and final reading.
2
ORD. NO. 36-06
. ,
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
First Reading on
Second Reading on
CITY OF DELRAY BEACH, FLORIDA
MAYOR
3
ORD. NO. 36-06
~,/C
www.bocanews.com · Boca Raton/Delray Beach News - Friday/Saturday, June 3D-July 1, 2006 33
10 I e2.al
\utlces
CITY OF
DELRAY IlEACH. FLORIDA
NOTICE OF PUBlIC HEARING
A PUBlIC HEARING wiI be held on
the lollowing proposed ordinance at
7:00 p.m. on TUESDAY, JULY 11,
2006 (or HI any oontinua1ion 01 such
meeting which is set by the
Commission), in the City Commission
Chambers, 100 NW. 1st Avenue, De~
ray Beach, Florida, HI which _ the
City Commission will consider its
adoption. The proposed ordinance
may be inspected HI the Office of !he
Ctly CIefk HI C.y Hall, 100 NW. 1st
Avenue, Delray Beach, Florida, be-
tween.the hours of 8:00 am. and 5:00
p.m" Monday through Friday, except
holidays, AIt interested parties are in-
vited 10 attend and be heard with re-
spect to the propos'ed ordinance.
ORDINANCE NO. 36.()6
AN ORDINANCE OF THE Cm' COM.
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 136, "SEXUAL OFFEND-
ERS AND SEXUAL PREOATORS",
OF THE CODE OF ORDINANCES OF
THE Cm' OF DELRAY BEACH, BY
AMENDING SECTION 136.02,
"SEXUAL OFFENDERS AND SEXU-
AL PREDATOR RESIDENCE PRO-
HIBITION", TO PROVIDE FOR AN
ADDITIONAL EXCEPTION TO THE
RESIDENCE PROHIBITION TO EX-
CLUDE PERSONS WHO WERE
CONVICTED OF THE ENUMERATED
OFFENSES PRIOR TO OCTOBER "
2004: PROVIDING FOR A SAVINGS
CLAUSE, GENERAL REPEALER
ClAUSE AND AN EFFECTIVE DATE.
Please be advised that if a persOll de-
cides to appefd any decision made by
the City Commission with respect 10
any mal1er considered at these hear-
ings. such person may ~ to ensure
that a verbatim record Inc!uQes the
testimony and evidence upon which
U',e appeal is to be based. The CIty
does not provide nor prepare such
record. Pursuant to ES. 286.0105.
CITY OF OElRAY BEACH
Chevelle O. Nubin
City Cieri<
PUBLISH: Friday, June 30,2006
Boca Raton News
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