§ 15-12. Sexual violator residency prohibition.

(a)

Findings and intent.

(1)

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 are likely to use physical violence and to repeat their offenses, and most sexual offenders 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 offenders victimization to society at large, while incalculable, clearly exorbitant.

(2)

It is the intent of this section to serve 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 certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing residence.

(b)

It is unlawful for any "sexual violator", as the term is defined below, to reside within 2,500 feet of any school, day care center, park or playground. The term "reside" shall not include any temporary stay in any residential unit or any other facility as long as the temporary stay does not exceed 15 days in any one calendar year.

(c)

A person who violates subsection (b) 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.

(d)

For purposes of this section, a "sexual violator" is any person who has been convicted of any felony sexual offense (as that term was applied and used by the state in which the person was convicted) in any state in the United States at any time, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age at the time of the offense.

(e)

Exceptions. A person residing within 2,500 feet of any school, day care center, park, or playground, does not commit a violation of this section if any of the following apply:

(1)

The person lawfully established the residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to enactment of this section.

(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.

(4)

The only school, day care center, park or playground within 2,500 feet of the person's residence was opened after the person lawfully established the residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607.

(f)

It shall be a violation of the Village Code of Ordinances for a landlord or owner of residential property in the village to knowingly rent or lease a residence to a sexual violator, if the sexual violator intends to reside at the property and if the property is located within 2,500 feet of a school, day care center, park or playground. Any person violating this provision is subject to the code enforcement procedures set forth in chapter 2, article IV of the Miami Shores Village Code of Ordinances.

(Ord. No. 654-05, § 1, 11-15-05)