Division I. Offenses by or Against Public Officers and Government
(Reserved)
Division II. Offenses Against the Person
Chapter 9.12
SEX OFFENDERS
Sections:
9.12.010 Preamble.
This chapter shall be adopted to promote public safety for the residents of and visitors to the city of Holtville. Sex offenders pose a clear threat to the children residing within or visiting our community. Convicted sex offenders are more likely to re-offend than other criminal offenders. Therefore, the city council of the city of Holtville desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children within our community. This chapter will impact the ability of sex offenders to be in contact with unsuspecting children. More importantly, this chapter identifies locations that are primarily used by children. These locations include grounds of public or private schools for children, a center or facility that provides day care or children’s services, a video arcade, a playground, a park, or an amusement center. The city of Holtville desires to add location restrictions to such offenders where the state law is silent. (Ord. 455 § 1, 2007).
9.12.020 Definitions.
A. “Sex offender” means a person who has been required to register with a governmental entity as a sex offender.
B. “Children” means those persons who are under the age of 18 years of age. (Ord. 455 § 2, 2007).
9.12.030 Regulations.
A sex offender is prohibited from being on or within 300 feet of a public or private school for children, a center or facility that provides day care or children’s services, a video arcade, a playground, park or an amusement center. This prohibition does not apply to a sex offender’s place of residence when regulated by state law. (Ord. 455 § 3, 2007).
9.12.040 Violations.
Any person violating this section is guilty of a misdemeanor. A misdemeanor is punishable by a fine up to $1,000 or imprisonment for up to one year, or both. The city attorney may reduce the violation to an infraction. An infraction is punishable by (1) a fine not exceeding $200.00 for a first violation; (2) a fine not exceeding $400.00 for a second violation; (3) a fine not exceeding $900.00 for each additional violation of this provision. A person is guilty of a separate offense for each and every day during which a violation occurs. (Ord. 455 § 4, 2007).