HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-019TO 2125
September 28, 2006
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2006-�_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 13
OF THE CITY OF TAMARAC CODE OF ORDINANCES BY
SPECIFICALLY AMENDING SECTION 13-20, ENTITLED
"SEX OFFENDER RESIDENCY PROHIBITION FINDINGS
AND INTENT," SECTION 13-21, ENTITLED
"DEFINITIONS," SECTION 13-22, ENTITLED "SEXUAL
OFFENDER AND SEXUAL PREDATOR RESIDENCE
PROHIBITION; PENALTIES; EXCEPTIONS," AND
SECTION 13-23, ENTITLED "PROPERTY OWNERS
PROHIBITED FROM RENTING REAL PROPERTY TO
CERTAIN SEXUAL OFFENDERS AND SEXUAL
PREDATORS; PENALTIES;" PROVIDING FOR
DEFINITIONS OF "SEXUAL OFFENDER" AND "SEXUAL
PREDATOR" THAT ARE CONSISTENT WITH SECTION
943.0435, FLORIDA STATUTES, AND SECTION 775.21,
FLORIDA STATUTES; PROVIDING FOR LAW
ENFORCEMENT GUIDELINES; PROVIDING A
TIMEFRAME IN WHICH A SEXUAL OFFENDER OR
SEXUAL PREDATOR MUST VACATE A PREMISES
AFTER BEING NOTIFIED OF A VIOLATION; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to
as the "City"), in an effort to control and monitor the actions of sexual offenders and
sexual predators within the City limits, enacted Ordinance No. 2005-18 on September
14, 2005; and
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WHEREAS, the City Commission, at the request of the local law enforcement,
now seeks to modify the Code of Ordinance provisions established by Ordinance No.
2005-18 in order to better protect the health, safety and welfare of the City's citizens
and residents; and
WHEREAS, it is the goal of the City Commission to establish a comprehensive
policy which provides the maximum protection to the citizens and residents of the City;
Fria:
WHEREAS, the City Commission gives great weight to the input of local law
enforcement authority when considering the implementation of a policy to monitor the
location of sex offenders and sexual predators within the City; and
WHEREAS, the City Commission deems it to be in the best interests of the City
to expand upon Sections 13-20, 13-21, 13-22 and 13-23 of the City's Code of
Ordinances to provide definitions of "sex offender" and "sexual predator" that are
consistent with the Florida Statutes, and to provide further guidance for the enforcement
of the aforementioned Code sections.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
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Ordinance upon adoption hereof.
SECTION 2: The City Commission of the City of Tamarac hereby amends
Chapter 13, "Miscellaneous Offenses," of the City of Tamarac Code of Ordinances by
amending Section 13-20, entitled "Sexual Offender Residency Prohibition Findings and
Intent," to read as follows:
Sec.13-20 Sexual Offender Residency Prohibition 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 the public safety. Sexual offenders
and sexual predators are extremely likely to use physical violence and to
repeat their offenses, and most sexual offenders and sexual predators
commit many offenses, have many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes the
cost of sexual offender victimization to society at large, while
incalculable, clearly exorbitant.
(b) It is the intent of this ordinance to serve the city's compelling
interest to promote, protect and improve the health, safety and welfare of
the citizens of the City 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.
SECTION 3: The City Commission of the City of Tamarac hereby amends
Chapter 13, "Miscellaneous Offenses," of the City of Tamarac Code of Ordinances by
amending Section 13-21, entitled "Definitions," to read as follows:
Sec. 13-21. Definitions.
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The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
(a) "Permanent residence" means a place where the person abides,
lodges, or resides for 14 or more consecutive days.
(b) "Temporary residence" means a place where the person abides,
lodges, or resides for a period of 14 or more days in the aggregate
during any calendar year and which is not the person's permanent
address, or a place where the person routinely abides, lodges, or resides
for a period of 4 or more consecutive or nonconsecutive days in any
month and which is not the person's permanent residence.
(c) "Park" means an area of land set aside for public use or
maintained for recreational and ornamental purposes, usually consisting
of grass, trees, paths, sports fields, playgrounds, picnic areas and/or
other features for amusement and relaxation.
d "Sexual offender," for purposes of this chapter, shall be defined as
provided by Section 943.0435(a), Florida Statutes, as may be amended
from time to time.
e "Sexual predator," for purposes of this -chapter, shall be defined as
a repeat sexual offender, a sexual offender who uses physical violence
a sexual offender who preys on children or as otherwise defined b
Section 775.21 Florida Statutes also known as The Florida Sexual
Predators Act, as may be amended from time to time.
SECTION 4: The City Commission of the City of Tamarac hereby amends
Chapter 13, "Miscellaneous Offenses," of the City of Tamarac Code of Ordinances by
amending Section 13-22, entitled "Sexual Offender and Sexual Predator Residence
Prohibition; Penalties; Exceptions," to read as follows:
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Section 13-22 Sexual Offender and Sexual Predator Residence
Prohibition; Penalties; Exceptions.
(a) It is unlawful for any person who has been convicted of a violation
of §§794.011, 800.04, 827.071, or 847.0145, Fla. Stat., or a similar crime
in another jurisdiction, 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 (2500) feet of any school, designated 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
offender or sexual predator under the laws of the State of Florida, to
establish a permanent residence or temporary within two thousand five
hundred (2500) feet of any school, designated school bus stop, day care
center, park, playground, or other place where children regularly
congregate.
(c) 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 school bus
stop, day care center, park, playground, or other place where children
regularly congregate.
(d) Penalties. A person found to be in violation of this section shall be
subject to arrest or issued a Notice to, Appear and shallappear at the
prearranged court date to answer the charge. Once notified of the
residency restriction, the person shall have two (2) weeks to vacate the
premises. A person who fails to vacate the premises within two (2)
weeks after receiving notice of the residency restriction shall be subject
to arrest.
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
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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.
(e) Exceptions. A person residing within two thousand five hundred
(2500) feet of any school, designated 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:
(1) The registered person established the permanent
residence prior to September 1, 2005.
(2) The person was a minor when he/she committed the
offense and was not convicted as an adult.
(3) The person is a minor and is not emancipated.
(4) The school, designated school bus stop or day care center
within two thousand five hundred (2500) feet of the person's permanent
residence was opened after the person established the permanent
residence.
SECTION 5: The City Commission of the City of Tamarac hereby amends
Chapter 13, "Miscellaneous Offenses", of the City of Tamarac Code of Ordinances by
amending Section 13-23, entitled "Property Owners Prohibited from Renting Real
Property to Certain Sexual Offenders and Sexual Predators; Penalties," to read as
follows:
Sec. 13-23 Property Owners and Property Managers Prohibited from
Renting Real Property to Certain Sexual Offenders and Sexual
Predators; Penalties.
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(a) It is unlawful for any propertyowner or p[qperty propertymanager or his or
her agent or assignee to knowingly lets of rent, or allow to be occupied
free of _charge any place, structure, or part thereof, trailer or other
conveyance, with the knowledge that it will be used as a permanent
residence or temporary residence by any person prohibited from
establishing such permanent residence of temporary residence pursuant
to a. 134.62 any provision of this Code, if such place, structure, or part
thereof, trailer or other conveyance, is located within two thousand five
hundred (2500) feet of any school, designated school bus stop, day care
center, park, playground, or other place where children regularly
congregate.
(b) A property owner's or _property manager's failure to comply with
provisions of this section shall constitute a violation of this section, and
shall subject the property owner or property manager to the code
enforcement provisions and procedures as provided for in this Code of
Ordinances, including the provisions that allow the city to seek relief as
otherwise provided by law. A property owner or property manager shall
be in violation of this Code section if they knew or should have known
that an occu ant of property under their control was in violation of this
Code. A property owner or property manager who is found to be in
violation of this Code section shall be issued a Notice to Appear.
SECTION 6: It is the intention of the City Commission of the City of Tamarac
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance
may be renumbered, re -lettered and the word "Ordinance" may be changed to
"Section," "Article" or such other word or phrase in order to accomplish such intention.
SECTION 7: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
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SECTION 8: If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this ordinance are to be severable.
SECTION 9: This Ordinance shall become effective on adoption.
PASSED, FIRST READING this IL DAY OF "'.f " . , 2006.
PASSED, SECOND READING this DAY OF , 2006.
BY:
BETH FLA SBAUM TALABISCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1st Reading
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
1 HEREBY CERTIFY that
I have approved this
ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd ading
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
SA UEL S. GO
CITY ATTOR
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