CHAPTER 18
RESIDENCE, PREMISES AND LOITERING RESTRICTIONS FOR REGISTERED SEX OFFENDERS
SECTION:
4-18-1 PURPOSE:
This chapter is a regulatory measure aimed at protecting the health and safety of children in Garden City from the risk that convicted sex offenders may reoffend in locations close to their residences. The city finds and declares that sex offenders are a serious threat to public safety. Given the threat of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need in Garden City to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools. The city finds and declares that in addition to schools, children congregate or play at child oriented facilities identified in section 4-18-3 of this chapter. (Ord. 866-07, 5-14-2007)
4-18-2 DEFINITIONS:
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MINOR: |
A person under the age of eighteen (18) years of age. |
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OFFENSES: |
A conviction of the crimes enumerated in Idaho Code 18-8304 when they involve a victim who was less than eighteen (18) years of age. |
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PERSON: |
Each person required to register as a sex offender with the Idaho department of corrections and Ada County sheriff’s department pursuant to Idaho Code title 18, chapter 83, because of a violation involving a victim who was less than eighteen (18) years of age. This definition shall also include juvenile sex offenders who are transferred to the adult registry pursuant to Idaho Code section 18-8410. |
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PUBLIC PARK OR PLAYGROUND: |
Any and all lands, buildings, reserves, sports complexes and trails that are owned, operated or maintained by Garden City, and are delineated generally in the publication known as the Garden City park system map, and/or specifically in the inventory of park properties at the office of the public works director. For purposes of this chapter, Ladybird Park is included in the designation of public park. |
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PUBLIC SWIMMING POOLS: |
Any swimming pool facilities that are open to the general public, whether owned and operated by Garden City or a private entity. |
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RESIDENCE: |
The offender’s principal or primary home or place of abode. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. |
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YOUTH CENTER: |
A public or private facility which is open to the general public offering recreational, educational, or assistance programs to minors. (Ord. 924-10, 5-24-2010) |
4-18-3 RESIDENCY RESTRICTION:
A. A person shall not reside within one thousand feet (1,000’) of the real property comprising any of the following child oriented facilities:
1. A public park or playground, excluding the Garden City greenbelt;
2. A public swimming pool;
3. A youth center;
4. A daycare facility or preschool licensed by the state of Idaho and/or the city.
B. The distance shall be measured from the nearest point of the exterior wall of the offender’s dwelling unit in a straight line to the closest boundary line of the child oriented facilities identified in subsection A of this section. (Ord. 924-10, 5-24-2010)
C. This restriction shall not apply to:
1. Persons who have established a residence prior to the effective date hereof, or a child oriented facility as identified above is newly located after the effective date hereof and the person has established a residence prior to the start of construction of such newly located child oriented facility;
2. Persons who are minors or a ward under a guardianship. (Ord. 866-07, 5-14-2007)
4-18-4 PREMISES RESTRICTION:
No person shall be upon or remain on the premises of any child oriented facility identified in section 4-18-3 of this chapter when (the person has reason to believe) children under the age of eighteen (18) years are present in the facility. (Ord. 866-07, 5-14-2007)
4-18-5 LOITERING RESTRICTION:
No person shall loiter on a public way within five hundred feet (500’) of a child oriented facility identified in section 4-18-3 of this chapter when children under the age of eighteen (18) are present in the facility. (Ord. 866-07, 5-14-2007)
4-18-6 PENALTY:
A violation of this chapter shall be a general misdemeanor. (Ord. 866-07, 5-14-2007)