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HomeMy WebLinkAbout2009-023ORDINANCE 2009-023 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE SECTION 306.06, REQUIRING REGISTERED SEX OFFENDERS TO IDENTIFY THEMSELVES AS REGISTERED SEX OFFENDERS UPON ENTRY INTO AN EMERGENCY SHELTER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, Indian River County's emergency plans call for shelters to be open to the public in the case of an emergency, and WHEREAS, the shelters can be filled to capacity for several days at a time during the tendency of the emergency, voluntary evacuation or mandatory evacuation; and WHEREAS, there is no requirement in statute or ordinance to identify potentially harmful or dangerous people when they enter the shelter; and WHEREAS, the Board is concerned with the health, safety and welfare of the inhabitants of a shelter in time of an emergency; and WHEREAS, registered sex offenders pose a potential threat to the inhabitants of the shelter; and WHEREAS, the Board deems it necessary for the registered sex offenders to identify their status to the person in charge of the shelter so that steps may be taken to protect the other residents of the shelter, WHEREAS, Indian River County Code section 306.06 requires persons who have been convicted of certain sex offenses to register their residence with the sheriff, and WHEREAS, registered sex offenders should identify themselves as registered sex offenders to the person in charge of the shelter at the time they are admitted into the shelter, NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that SECTION 1. AMENDMENT. Section 306.06 is hereby amended to read as follows: 1 Coding: Words underscored are additions to text; words in sir kethFeugh format are deletions to text. ORDINANCE 2009-023 Section 306.06. Residency restrictions for registered sex offenders. For purposes of this section, "person" means a person who has committed a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor and is required by Florida Statutes to register their residence with the Sheriff. (1) A person shall not reside within two thousand five hundred feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility. (2) A person who resides within two thousand five hundred feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility, commits a misdemeanor. (3) A person residing within two thousand five hundred (2,500) feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility does not commit a violation of this section if any of the following apply: a. The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility. b. The person is subject to an order of commitment under F.S. Ch. 394. C. The person has established a residence prior to the February 7, 2006, or a school or child care facility is newly located on or after February 7, 2006. d. The person is a minor or a ward under a guardianship. e. A state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. 1 If a person seeks shelter in a facility that has been designated as an emergency shelter, the person shall notify the official in charge of the shelter that he or she is a person required to register their residence under Florida Law. If sufficient space permits the persons may be kept in a separate room at the shelter. Failure to notify the official in charge of the shelter of a person's requirement to register their residence shall be a violation of this section. (Ord. No. 2006-004, § 1, 2-7-06) 2 Coding: Words underscored are additions to text; words in sti ikethi:eu h format are deletions to text. ORDINANCE 2009-023 SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Press Journal on the 6th day of November , 2009, for a public hearing on _7thday of NnvPmhP,- , 2009, at which time it was moved for adoption by Commissioner F1 escher , and seconded by Commissioner Davi s and adopted by the following vote: Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the ordinance duly passed and adopted this 17 day of November , 2009. Attest: J. K. arton, Clerk By Deputy Clerk INDIAN RIVER COUNTY;, I 'L_Of31,DA by its Board of-Gour�ty,Commissioners By asap 4 Peter -D:, 0' Briyah , hairman Coding: Words underscored are additions to text; words in c+,ikAthrn,,..h format are deletions to text. ORDINANCE 2009-023 Approved as to form and Legal Sufficiency William K. DeBraal Deputy County Attorney BCC Approved: November 17, 2009 ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of , 2009. 4 Coding: Words underscored are additions to text; words in StFikethr^„^" format are deletions to text.