TOWN OF CROTHERSVILLE
ORDINANCE NO.: 2008-3
Ordinance Creating Proximity Restrictions for Registered Sex Offenders
Whereas, the Town Council is vested with the duty and obligation to pass ordinance that provide for the safety and health of the citizens and to insure that the citizens of Crothersville have a safe place to live, work and raise their families
Whereas, the State of Indiana pursuant to Indiana Code 11-8-8- Et. Seq. has determined that it is necessary to require those individuals who the State has defined as ‘Sex Offenders’ register with local law enforcement. The Code sets out that registration means:
‘The registration required under this chapter must include the following information:
The sex offender’s full name, alias, any name by which the sex offender was previously known, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security Number, driver’s license number or state identification number, principal residence address, and mailing address, if different from the sex offender’s principal residence address.
A description of the offense for which the sex offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.
If the person is required to register under section 7(a)(2) or 7(a)(3) of this chapter, the name and address of each of the sex offender’s employers in Indiana, the name and address of each campus or location where the sex offender is enrolled in school in Indiana, and the address where the sex offender stays or intends to stay while in Indiana.
A recent photograph of the sex offender.
If the sex offender is a sexually violet predator, that the sex offender is a sexually violent predator.
If the sex offender is required to register for life, that the sex offender is required to register for life.
Any other information required by the department.
Whereas, the State of Indiana has determined that it is in the best interest of the State and the citizens of our State to maintain knowledge as to the whereabouts of those individuals who have been adjudicated to be Sex Offenders as defined by Indiana law.
Whereas, the Town Council of Crothersville reasonably believes that it is in the best interest of the health and safety of the citizens of Crothersville if those individuals defined by Indiana Code as ìSex Offendersî be prohibited form entering upon certain property owned by the Town of Crothersville, with the exception of the Crothersville Town Hall and/or any other property wherein the ìSex Offenderî is required to conduct business such as payment of fees or fines and/or to cast a vote in an election.
Whereas, the Crothersville Town Council makes the followings findings and intent:
(1)FINDINGS AND INTENT.
(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 that 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 ordinance not to impose a criminal penalty but rather to serve the Town of Crothersville’s compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of Crothersville 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.
NOW, THEREFORE, BE IT ORDAINED, that the Town of Crothersville, Indiana adopts the following proximity restrictions for Registered Sex Offenders.
(1) DEFINITIONS. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
(a) Child means a person under the age of 15 for purposes of this ordinance.
(b) Designated Offender means any person who is required to register under Indiana Code 11-8-8- Et. Seq. for any sexual offense against a child or any person.
(c) Minor means a person under the age of 18.
(d) Permanent Residence means a place where the person abides, lodges, or resides for 14 or more consecutive days.
(e) 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 non-consecutive days in any month and which is not the person’s permanent residence.
(2) SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE, PROHIBITION; PENALTIES; EXCEPTIONS.
(a) Prohibited Location of Residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 500 feet of any school, licensed day care center, park, trail, or playground.
(b) Prohibited Activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph. Participation is to be defined as actively taking part in the event.
(c) Measurement of Distance.
1. 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 the nearest outer property line of a school, licensed day care center, park, trail, or playground.
2. The Town Clerk-Treasurer shall maintain an official map showing prohibited locations as defined by this ordinance. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.
(d) Penalties. A person who violates this section shall be punished by a forfeiture not exceeding $500.00. Each day a person maintains a residence in violation of this ordinance constitutes a separate violation. The Town of Crothersville may also seek equitable relief.
(e) Exceptions. A designated offender residing within a prohibited area as described in Section (2)(a) does not commit a violation of this section if any of the following apply:
1. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Indiana Code 11-8-8- Et. Seq before the effective date of this ordinance.
2. The person is a minor and is not required to register under Indiana Code 11-8-8- Et. Seq.
3. The school, licensed day care center, park, trail, or playground within 500 feet of the persons permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Indiana Code 11-8-8- Et. Seq.
4. The residence is also the primary residence of the person’s parents, grandparents, siblings, spouse, or children provided that such parent, grandparent, sibling, spouse or child and the residence was established at least two years before the designated offender established residence at the location.
(3) PROPERTY OWNERS PROHIBITED FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS; PENALTIES.
(a) 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 or temporary residence pursuant to this ordinance, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in Section (2)(a).
(b) A property owner’s failure to comply with provision of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions in Section (2)(d) as provided in this ordinance.
(4) SEVERABILITY. If any provision of this Ordinance or application thereof to any Person or circumstance is held unlawful or otherwise invalid, such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision, and to this end each such invalid provision or application of this Ordinance is severable. It is hereby declared to be the intent of the Crothersville Town Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not been included.
Adopted by the Town Council, Town of Crothersville, State of Indiana, on the 1st day of July, 2008. This Ordinance shall become effective immediately after notice and publication, as prescribed by statute, are satisfied.
Ardell Mitchell, President
Bill Nagle, Member
Karen Mains, Member
NaLona Bush, Clerk-Treasurer
First Reading 6-3-08 (3-0)