SEXUAL PREDATOR RESIDENCY RESTRICTIONS.

DEFINITIONS.

For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHILD CARE FACILITY. A place with a license issued under the Nebraska Child (Care Licensing Act, sections 71-1908 to 71-1923, as currently existing or hereafter amended. It shall include licensed places both inside and outside the corporate limits of the City.)

SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. Rev. Stat. Section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act or any person convicted under the law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have required registration under the Nebraska Sex Offender Registration Act, if the conviction occurred in Nebraska.

SEXUAL PREDATOR. An individual who is required to register under the State of Nebraska’s Sex Offender Registration Act, who is classified as Level 3 as determined by the Nebraska State Patrol under Neb. Rev. Stat. Section 29-4013, which is the classification of those registrants with a high risk of recidivism and who has victimized a person who was eighteen years of age or younger in the past.

RESIDENCE. A place where the person regularly sleeps, where the person has established his or her home, where he or she is habitually present or to which when he or she departs he or she intends to or does regularly return. A residence may include more than one location and may be mobile or transitory. Residency may be shown by, among other evidence, receipt of mail at the premises or identification of the premises as a residence on a driver’s license, vehicle registration or other document, such as utility or other service billings.

SCHOOL. A public, private, denominational or parochial school which meets the requirements for accreditation or approval prescribed by the State of Nebraska, pursuant to Nebraska Revised Statute Chapter 79, and which has or includes any or all grades kindergarten through 12^th grade.

Sex Offender Residence Prohibitions; Exceptions and Penalties.

(A) Prohibited location of residence of sexual predator. It shall be unlawful for any sexual predator, as defined in the previous Section, to reside within five hundred (500) feet of a school or child care facility.

(B) Measurement of distance. 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 boundary line of a school or child care facility.

(C)Exceptions. A sexual predator residing within five hundred (500) feet of a school or child care facility does not commit a violation of this Ordinance if he or she:

(1) Resides within a prison or a correctional or treatment facility operated by the state or a political subdivision.

(2) Established his or her residence location prior to July 1, 2006 and has not moved from that residence.

(3) Established his or her residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.

(4) The person is a minor residing with a parent.

(5) The person’s place of residence becomes a violation of this Ordinance solely because of annexation into the City.

(6) This section does not preclude a sexual predator deemed to be handicapped or disabled under the Fair Housing Act, Rehabilitation Act or Americans with Disabilities Act from pursuing requests for reasonable accommodations.

(Ord. 501, passed 3-17-08) Penalty, see § 10.99

Statutory reference:

Political subdivision restrictions on sex offender residency; requirements, see Neb. Rev. Stat § 29-4017