INTER-OFFICE CORRESPONDENCE
MEMORANDUM
NO. 2007-024
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: March 13, 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.
This
ordinance was passed by the City Commission on first reading on January 30,
2007. Since the first reading of this ordinance on January 30, we have made an
additional change pursuant to the recently amended state statutory provision
that addresses the residency requirements of sexual offenders and sexual
predators. Specifically we have revised
the definitions of “permanent residence” and “temporary residence” as follows:
Permanent
residence
means a place where the person abides, lodges, or resides for 14 5
or more consecutive days or as otherwise defined by Section 775.21, F.S., 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
5 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, or as otherwise defined by Section 775.21, F.S., as may be
amended from time to time.
This
new language will ensure an ongoing consistency with the state statute as it
pertains to permanent and temporary residence definitions.
Please
note that the sexual offender-sexual predator ordinance, as amended, will be on
the agenda for consideration by the City Commission for second reading on March
13, 2007. Please do not hesitate to
contact our office if there are any additional questions regarding this matter.
SSG/JGH:js
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Ordinance amendment).doc
ORDINANCE NO. 2006-_____
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 5 or
more consecutive days or as otherwise defined by Section 775.21, F.S., as
may be amended from time to time.
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 5
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, or as
otherwise defined by Section 775.21, F.S., as may be amended from time to time.
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, or any similar
offense committed in this state which has been redesignated from a former
statute number to one of those listed in this subparagraph, 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, childcare 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, childcare
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 childcare 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