Loganville's Sexual Predator Ordinance
For those who haven't seen the proposed legislation, here is the full text of our proposed ordinance:
(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 are extremely 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 offender victimization to society at large, while incalculable, clearly exorbitant.
(b) It is the intent of this article 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.
18-102 Definitions
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:
“Permanent residence” means a place where the person abides, lodges, or resides for 14 or more consecutive days.
“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 four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
18-103 Sexual offender and sexual predator residence prohibition; penalties; exceptions
1. Prohibited location of residence. It is unlawful for any person who is required to register as provided in O.C.G.A. § 42-1-12, regardless of whether adjudication has been withheld, to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
2. 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 nearest outer property line of a school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
3. Penalties. 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 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.
4. Exceptions. A person residing within 2,500 feet of any school, designated public 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:
a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to O.C.G.A. § 42-1-12 and had an ownership or leasehold interest in the property, all prior to August 1, 2006.
b. The person was a minor when he/she committed the offense and was not convicted as an adult.
c. The person is a minor.
d. The school, designated public school bus stop or day care center within 2,500 feet of the person’s permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to O.C.G.A. § 42-1-12.
18-104 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties
1. It is unlawful to let or rent 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 section 18-103 of this Code, if such place, structure, or part thereof, trailer or other conveyance, is located within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
2. A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to a fine not to exceed $1,000.00.
3. Each calendar month a property owner violates this provision shall be a separate offense.
We will be having the second reading of this ordinance at our July Council meeting, where I will make the motion that we accept this as a second reading, and adopt the ordinance as written. We as a community have to do everything in our power to protect our children, and I am confident that this legislation will do just that.
ARTICLE ___
SEXUAL OFFENDERS AND SEXUAL PREDATORS
SEXUAL OFFENDERS AND SEXUAL PREDATORS
(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 are extremely 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 offender victimization to society at large, while incalculable, clearly exorbitant.
(b) It is the intent of this article 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.
18-102 Definitions
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:
“Permanent residence” means a place where the person abides, lodges, or resides for 14 or more consecutive days.
“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 four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
18-103 Sexual offender and sexual predator residence prohibition; penalties; exceptions
1. Prohibited location of residence. It is unlawful for any person who is required to register as provided in O.C.G.A. § 42-1-12, regardless of whether adjudication has been withheld, to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
2. 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 nearest outer property line of a school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
3. Penalties. 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 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.
4. Exceptions. A person residing within 2,500 feet of any school, designated public 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:
a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to O.C.G.A. § 42-1-12 and had an ownership or leasehold interest in the property, all prior to August 1, 2006.
b. The person was a minor when he/she committed the offense and was not convicted as an adult.
c. The person is a minor.
d. The school, designated public school bus stop or day care center within 2,500 feet of the person’s permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to O.C.G.A. § 42-1-12.
18-104 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties
1. It is unlawful to let or rent 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 section 18-103 of this Code, if such place, structure, or part thereof, trailer or other conveyance, is located within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
2. A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to a fine not to exceed $1,000.00.
3. Each calendar month a property owner violates this provision shall be a separate offense.
We will be having the second reading of this ordinance at our July Council meeting, where I will make the motion that we accept this as a second reading, and adopt the ordinance as written. We as a community have to do everything in our power to protect our children, and I am confident that this legislation will do just that.
posted by Austin O. Jones | 10:09 PM
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