INTER-OFFICE CORRESPONDENCE
MEMORANDUM NO. 2007-005
TO: Mayor Jack Brady
Members of the City Commission
CC: Richard Sala, City Manager
Ambreen Bhatty, Assistant City Manager
Lou Cavallo, Chief, Broward Sheriff’s Office
C. Milli Dyer, City Clerk
FROM: Samuel S. Goren, City Attorney
Jacob G. Horowitz,
DATE: January 22, 2007
RE: City
of
Please be advised that the City Attorney’s Office has prepared an
ordinance for consideration by the City Commission that amends Article V of the
City’s Code of Ordinances pertaining to the sexual offenders and sexual
predators. The ordinance expands upon Ordinance No. 05-07-1135 for the reasons set forth below, which was adopted by
the City Commission on July 15, 2005.
The ordinance has been reviewed by the City’s Police Chief and comments from
his department have been incorporated therein.
1) Specifically,
the ordinance provides for definitions of the terms “sexual offender” and
“sexual predator” that are consistent with a recent change in the Florida
Statutes, as may be amended from time to time. The ordinance further extends
the relevant provisions of the City Code to include offenders who have been
convicted of similar crimes in other jurisdictions that would warrant
classification as a sexual offender or sexual predator in the State of
2) The
ordinance includes an expanded penalty section, providing that violators of the
ordinance shall be subject to arrest or issued a Notice to Appear in court.
They will also be given two weeks to vacate the premises. The ordinance is
violated when a sexual offender/sexual predator resides within 2500 feet of a
school, school bus stop, or play ground, among other places where children
regularly congregate.
3) The
ordinance proposes a revision to the code section that would expand upon the
prohibition of property owners and property managers from renting property to
sexual offenders and sexual predators, or allowing individuals with such
distinction from residing on their property. This provision provides penalties
for property owners/managers who act in violation of the ordinance.
This ordinance will be placed on the agenda for consideration by the
City Commission at its January 30, 2007 meeting. Please do not hesitate to
contact us with any questions.
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Offender-Sexual Predator).doc
ORDINANCE NO. 2007-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA; AMENDING ARTICLE V OF THE CITY OF NORTH
LAUDERDALE CODE OF ORDINANCES, ENTITLED “SEXUAL OFFENDER RESIDENCY
PROHIBITION;” SPECIFICALLY AMENDING SECTION 38-91, ENTITLED
"DEFINITIONS," SECTION 38-92, ENTITLED “SEXUAL OFFENDER AND SEXUAL
PREDATOR RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS,” AND SECTION 38-93,
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 North Lauderdale (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. 05-07-1135
on July 15, 2005; and
WHEREAS,
the City Commission now seeks to modify the Code of Ordinance provisions
established by Ordinance No. 05-07-1135 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; and
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 Article V 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
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 Ordinance upon adoption hereof.
SECTION
2: The City Commission of the City of North
Lauderdale hereby amends Article V, entitled "Sexual Offender Residency
Prohibition,” of the City of North
Lauderdale Code of Ordinances by specifically amending Section 38-91,
entitled "Definitions," to read as follows:
Sec. 38-91. 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.
Sexual offender for purposes of
this chapter, shall be defined as provided by Section 943.0435(a),
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 by Section 775.21, Florida Statutes, also known as The
Florida Sexual Predators Act, as may be amended from time to time.
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.
SECTION
3: The City Commission of the City of North
Lauderdale hereby amends Article V, entitled "Sexual Offender Residency
Prohibition,” of the City of North
Lauderdale Code of Ordinances by specifically amending Section 38-92,
entitled "Sexual offender and sexual predator residence prohibition;
penalties; exceptions," to read as follows:
Sec. 14-3. Sexual offender and sexual
predator residence prohibition; penalties; exceptions.
(a) It is unlawful for any
person who has been convicted of a violation of Section 794.011, 800.04,
827.071 or 847.0145, Florida Statutes, 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 2,500 feet of any school,
designated public school bus stop, child care facility, family day care home,
park, playground or other place where children regularly congregate.
(b) 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, child care facility, family day care home,
park, playground, or other place where children regularly congregate.
(c) Penalties. A person
found to be in violation of this section shall be subject to arrest or issued a
Notice to Appear and shall appear at the prearranged court date to answer the
charge. Once notified of the residency restriction, the person shall have 14
calendar days inclusive of the date of notification to vacate the premises. A
person who fails to vacate the premises within 14 calendar days inclusive of
the date of notification after receiving notice of the residency restriction
shall be subject to arrest. If the
person was incarcerated for violation of this ordinance or any other statute or
ordinance at the time of initial notification of the residency restriction,
then the 14-day period to vacate the premises shall commence immediately upon
release from incarceration.
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.
(d) Exceptions. A person
residing within 2,500 feet of any school, designated public school bus stop,
child care facility, family day care home, 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 person established
the permanent residence prior to July 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.
(4) The school, designated
public school bus stop child care facility or family day care home within 2,500
feet of the person's permanent residence was opened after the person
established the permanent residence.
SECTION
4: The City Commission of the
City of North Lauderdale hereby amends Article V, entitled "Sexual
Offender Residency Prohibition,” of the City of North Lauderdale Code of Ordinances by specifically amending
Section 38-93 entitled "Property owners prohibited from renting real
property to certain sexual offenders and sexual predators; penalties" to
read as follows:
Sec. 14-4. Property owners prohibited from
renting real property to certain sexual offenders and sexual predators;
penalties.
(a) It is unlawful for
any property owner or property manager or his or her agent or assignee or any
other person to knowingly let, or rent, or allow to
be occupied free of charge any place, structure, or part thereof, trailer
or other conveyance, with the knowledge, either actual or constructive, 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 [F.S.] §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 (2,500) feet of any school, designated public
school bus stop, child care facility, family day care home, park, playground,
or other place where children regularly congregate.
(b) A property owner's or
property manager’s or any other person’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 or any other person to the code enforcement
provisions and procedures of the City Code that allow the city to seek relief
as otherwise provided by law. A property owner or property manager or any
other person shall be in violation of this Code section if they knew or should
have known that an occupant of property under their control was in violation of
this Code. A property owner or property manager or any other person who is
found to be in violation of this Code section shall be issued a Notice to
Appear.
SECTION 5: It is the intention of the City Commission of
the City of North Lauderdale
that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of North
Lauderdale, 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 6: All Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 7: 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 8: This Ordinance shall become effective on
adoption.
PASSED AND ADOPTED BY
THE CITY COMMISSION OF THE CITY OF
PASSED ADOPTED BY THE
CITY COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICHARD MOYLE
______________________________
C. MILLI DYER, CMC