HomeMy WebLinkAboutOrdinance_610-06/07_01/11/2007ORDINANCE 610-06/07
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 54,
ENTITLED "OFFENSES"; OF THE CODE OF ORDINANCES OF THE VII.,LAGE
OF TEQUESTA, TO CREATE SEXUAL OFFENDER AND SEXUAL PREDATOR
REGULATIONS; CREATING A NEW CODE SECTION 54-6 TO BE ENTITLED
"FINDINGS AND INTENT'; CREATING A NEW CODE SECTION 54-7 TO BE
ENTITLED "DEFINITIONS"; CREATING A NEW CODE SECTION 54-8 TO BE
ENTITLED "PROHIBITIONS, EXCEPTIONS, PENALTIES"; TO PROVIDE A
SEPARATION REQUIREMENT OF 1,000 FEET FROM THE RESIDENCES OF
SEXUAL OFFENDERS AND PREDATORS AND CERTAIN PERMITTED USES;
CREATING A NEW CODE SECTION 54-9, TO BE ENTITLED "RENTAL; OF
REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND PREDATORS
PROHIBITED"; CREATING A NEW CODE SECTION 54-10, TO BE ENTITLED
"ANNUAL REGISTRATION OF PRIVATE SCHOOL BUS STOPS"; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ANY LAWS IN
CONFLICT; PROVIDING FOR CODIFICATION, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Tequesta, Florida is a duly constituted municipality having
such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida
• Statutes;
WHEREAS, the Council of the Village of Tequesta is deeply concerned about recent
occurrences in our state and nation, whereby convicted sex offenders and predators who have
been released from custody, repeat unlawful acts for which they were previously convicted;
WHEREAS, repeat sexual offenders, sexual offenders who use physical violence, sexual
offenders who prey on children, and sexual predators present a serious threat to public safety;
WHEREAS, sexual offenders and predators are known to use physical violence, repeat
offenses, to commit multiple offenses, have more victims than reported, and are prosecuted for
only a fraction of their crimes;
WHEREAS, the Council of the Village of Tequesta finds from the available information
that recidivism for released sex offenders and sexual predators is high, especially for those who
committed crimes with children;
WHEREAS, the threat that sexual offenders and sexual predators present to public safety,
• and the long-term effects suffered by victims of sex offenses, present sufficient justification to
enact restrictions on where sexual offenders and sexual predators may temporarily and
permanently reside with the Village;
WHEREAS, the Council of the Village of Tequesta therefore desires to establish a policy
providing for maximum protection of the lives, safety and physical and mental well-being of
Village of Tequesta residents and guests;
WHEREAS, staff recommended that the Village Council amend Chapter 54,: Offenses,
creating new Sections 54-6, 54-7, 54-8, 54-9, and 54-10, to prohibit sexual offenders and sexual
predators from residing within 1,000 feet of certain uses and locations within the Village, and to
provide for the annual registration of private school bus stops;
WHEREAS, the Village has the authority, pursuant to Article VIII, Section 2(b) of the
• Florida Constitution, and Chapter 166, Florida Statutes, to adopt such provisions in order to
protect the health, safety, and welfare of its residents;
WHEREAS, the United States 8th Circuit Court of Appeals recently rendered a decision in
Doe v. Miller, 405 F. 3ra 700 (8th Cir. April 29, 2005), upholding similar residency restrictions
for sexual offenders and sexual predators contained in Iowa State Statutes;
WHEREAS, the Village Council has reviewed the recommendations of its staff and
determined that creating new Sections 54-6, 54-7, 54-8, 54-9, and 54-10 of Chapter 54, of the
Village Code of Ordinances is necessary to further the public health, safety and welfare;
WHEREAS, the Village Council finds that amending Chapter 54 and prohibiting
convicted Sexual Offenders and Sexual Predators, from living within one thousand feet (1,000')
of specified locations in the Village of Tequesta, is in the best interest of the health, safety, and
• welfare of the residents and citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
• Section 1. The fore oin wher
g g eas clauses are incorporated herein as true and correct
and as findings of fact and conclusions of law of the Village Council.
Section 2. Chapter 54 of the Village of Tequesta Code of Ordinances is hereby
amended creating new Sections 54-6, 54-7, 54-8, 54-9, and 54-10.
Section 3. Chapter 54, Sections 54-6 through 54-10 of the Village of Tequesta Code
of Ordinances, are hereby created to read as follows:
Chapter 54
OFFENSES
Sexual Offenders and Sexual Predators, §§ 54-6 - 54-10.
Sec. 54-6. Findings and Intent
(a) Repeat sexual offenders, sexual offenders who use physical violence and sexual
offenders who prey on children are sexual predators who present an extreme threat to public
safety. Sexual offenders/predators are extremely likely to use physical violence and to repeat
their offenses, and most sexual offenders/predators commit many offenses, have many more
• victims than are ever reported, and are prosecuted for only a fraction of their crimes.
(b) It is the intent of this section to serve and to protect the Village's compelling
interest to promote, protect and improve the health, safety and welfare of the citizens of the
Village by creating areas around locations where children regularly congregate in concentrated
numbers wherein certain sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
Sec. 54-7 Definitions.
Definitions. The following words, terms and phrases, when used in sections 54-6 through 54-
10 of this article, shall have the meanings ascribed to them, except where the context clearly
indicates a different meaning.
Conviction means a determination of guilt which is the result of a trial or the entry of a plea of
guilty or polo contender, regardless of whether adjudication is withheld.
Permanent residence means a place where a person abides, resides, lodges for fourteen (14) or
more consecutive days, and which includes, motor vehicles, trailers, mobile homes,
manufactured homes, vessels, live-aboard vessels, houseboats, and campsites.
Private bus stop means a location where private school students from more than one residence
are picked up and/or dropped off during transportation to and from a private school, including
private day care centers.
Temporary residence means a place where a person abides, resides, or lodges for a period of
fourteen (14) days or more in the aggregate, during any calendar year, and which is not the
• person's permanent residence, or place where a person routinely abides, resides, or lodges for a
period of four (4) or more consecutive or non-consecutive days in any month and which is not
the person's permanent residence, and which includes, motor vehicles, trailers, mobile homes,
manufactured homes, vessels, live-aboard vessels, houseboats, and campsites.
Sec. 54-8. Prohibitions; Exceptions: Penalties
(1) It is unlawful for any person who has been convicted of a violation of sections 794.011,
Fla. Stat. ("sexual battery"), 800.04, Fla. Stat. ("Lewd or lascivious offenses committed upon or
in the presence of a person less than 18 years of age"), 827.021, Fla. Stat. ("Sexual performance
by a child"), or 847.0145, Fla. Stat. ("Buying or selling minors"), regardless of whether
adjudication has been withheld, and in which case the victim of the offenses was less than 18
years of age, (hereinafter referred to as sexual offender or sexual predator), to establish a
permanent or temporary residence within one thousand feet (1,000') of any public or private
school, designated public bus stop or sign, private school bus stop (including day care centers)
registered pursuant to section 54-09, public library, day care center, home operated day care
center with a Village occupational license, park, playground, community center, day camp, or
other place where children regularly congregate.
(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 any public or private school, designated
• public bus stop or sign, private school bus stop (including day care centers) registered pursuant
to section 54-10, public library, day care center, home operated day care center with a Village
occupational license, park, playground, community center, day camp, or other place where
children regularly congregate.
(3) Exceptions. A person residing within one thousand feet (1,000') of any public or private
school, designated public bus stop or sign, private school bus stop (including day care centers)
registered pursuant to section 54-10, public library, day care center, home operated day care
center with a Village occupational license, park, playground, community center, day camp, or
other place where children regularly congregate, does not commit a violation of this section if
any of the following apply:
(a) The person established a permanent residence prior to (the date of adoption of this
ordinance);
(b) The person is a minor;
(c) The public or private school, designated public bus stop or sign, private school bus stop
(including day care centers) registered pursuant to section 54-10, public library, day care
center, home operated day care center with a Village occupational license, park,
playground, community center, day camp, or other place where children regularly
congregate within one thousand feet (1,000') of the person's permanent or temporary
• residence was opened and/or established after the person established their permanent or
temporary residence.
(4) Penalties. A person who violates this section shall be punished by a fine not
exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding
• sixty (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 one thousand dollars ($1,000.00) and / or imprisonment in the county jail not
more than twelve (12) months, or by both such fine and imprisonment.
Sec. 54-9 Rental of Real Property to Certain Sexual Offenders and Sexual Predators
Prohibited.
(1) It unlawful to lease, rent, or otherwise convey any dwelling, structure, or part thereof,
trailers or other conveyances, to any person prohibited from establishing such permanent
residence or temporary residence pursuant to section 54-8 of this article, if such dwelling,
or part thereof, is going to be used a permanent residence or temporary residence of the
person, and the dwelling is located with one thousand feet (1,000') of public or private
school, designated public bus stop or sign, private school bus stop (including day care
centers) registered pursuant to section 54-10, public library, day care center, home
operated day care center with a Village occupational license, park, playground,
community center, day camp, or other place where children regularly congregate.
(2) A property owner or property manager's failure to comply with the requirements of this
section shall constitute a violation of this section, and shall subject the property owner,
property manager or other person or entity in the care, custody or control of the real
property to enforcement proceedings as authorized by this Code and Chapter 162, Fla.
Stat., or by any other means of enforcement allowed by law.
Sec. 54-10 Annual Registration of Private School Bus Stops
(1) The prohibition from establishing a residence near a private school bus stop as set forth in
this article, shall only apply to those private school bus stops that are registered with the
Village pursuant to this section.
(2) Any private school, including day care centers, that enrolls children within the Village,
may register the location of its bus stops with the Village of Tequesta Police Department ,
and may amend such registration by filing the locations, as amended, with the Village
Manager. The registration, or amended registration, as applicable, shall be effective for a
single school year from the date of filing through February 1 following the school year.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
. shall not affect the validity of the remaining portions thereof_
Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
•
Section 6. Codification. The sections of the Ordinance will be part of the Code of
conflict herewith are hereby repealed to the extent of such conflict.
Ordinances of the Village of Tequesta and may renumbered or re-lettered to accomplish such,
and the word "ordinance" may be changed to "section," "article," or any other term as
appropriate.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
adoption.
THE FOREGOING ORDINANCE WAS OFFERED ON FIR5T READING, December 14,
2006, by Councilmember Genco, who moved its adoption. The motion was seconded by
Councilmember Watkins, and upon being put to a vote, the vote was as follows:
FOR ADOPTION
Jim Humpage
Tom Paterno
Geraldine A. Genco
Pat Watkins
AGAINST ADOPTION
THE FOREGOING ORDINANCE WAS OFFERED ON SECOND READING, January 11,
2007, by Councilmember Watkins, who moved its adoption. The motion was seconded by Vice
Mayor Paterno, and upon being put to a vote, the vote was as follows:
FOR ADOPTION
Jim Humpage
Tom Paterno
AGAINST ADOPTION
Geraldine A. Genco
•
Pat Watkins
The Mayor thereupon declared the Ordinance duly passed and adopted this 11th day of January,
A.D., 2007.
MAYOR OF TEQUE
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Jim umpa~e
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ATTEST:
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Lori McWilliams
Village Clerk
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