TOWN OF CROTHERSVILLE
ORDINANCE NO.: 2008-4
Ordinance Prohibiting Convicted Sex Offenders From Entering Public Property Owned
by the Town of Crothersville and/or The Town’s Subdivisions as Specifically Set Forth
Whereas, Indiana Code 36-4-6-18 empowers the Crothersville Town Council to pass ordinances, orders, resolutions, and motions for the government of the town, the control of the town’s property and finances, and the appropriation of money.
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 Town of Crothersville maintains and owns real estate and property upon which individuals, families and children gather to enjoy themselves for many different purposes.
Whereas, it is important that the citizens of Crothersville feel safe and secure when they are visiting the Town’s parks and properties.
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 violent 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 ‘Sex Offenders’ be prohibited from 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 ‘Sex Offender’ 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.
Now, therefore, be it Ordained that those individuals defined by Indiana Code as ‘Sex Offenders’ shall be permanently prohibited, from the following properties: any Crothersville Park.
Be it further Ordained that any ‘Sex Offender’ that enters upon any of those ‘Parks’ described in the penultimate paragraph shall be subject a fine of not more than Two Thousand Five Hundred Dollars ($2,500) nor less than One Hundred Dollars ($100);
Be it further Ordained that any ‘Sex Offender’ that enters upon any of those parks as described above, after having received written notice from the Town of Crothersville of this prohibition, shall be subject to criminal prosecution, at the discretion of the Jackson County Prosecuting Attorney, based upon the following Indiana Criminal Code:
IC 35-43-2-2 Criminal trespass
A person who:
not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person’s agent;
not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person’s agent; Ö.commits criminal trespass, a Class A misdemeanor.
Be it further Ordained that the Crothersville Police its agents and/or officers shall deliver a copy of this ordinance to the address of each of those individuals registered ‘Sex Offenders’ as set forth on the Indiana Sex Offender Registry which live within the Town Boundaries of Crothersville, Indiana . This shall serve as actual and constructive notice to those individuals that they are prohibited from the Parks as described herein.
Be it further Ordained that all ‘Sex Offenders’ shall be prohibited from the Parks. Therefore, in order to insure that those ‘Sex Offenders’ that do not live within the jurisdiction of the Town of Crothersville are notified of this prohibition there shall be a sign posted at the entrance of each facility notifying all ‘Sex Offenders’ that it is unlawful for them to enter the Parks. Further, the sign shall set forth that their entry upon the premises may constitute the crime of ‘Criminal Trespass’ and that they may be subject to arrest and prosecution.
Be it further Ordained that in addition to the above notice, the Crothersville Parks and Recreation Board shall be required to post all rules that have been adopted by the Parks Department and/or the Town Council not later than February 1st of each year.
Be it further Ordained that in order to insure that each and every effected person has the opportunity to object to their ban from said Parks the Town shall adopt the following process permitting a ‘Sex Offender’ the opportunity to be heard and be considered for exemption from enforcement of this ordinance:
1. The Town Council, hereinafter referred to as ‘Council’, shall serve as hearing officer to hear all requests for exemption by a ‘Sex Offender’ who wishes to be exempt from the prohibitions of this ordinance;
2. A ‘Sex Offender’ may request a hearing before the Council wherein the ‘Sex Offender’ shall be allowed to present evidence in support of the ‘Sex Offender’s’ request that he or she be exempt from the ordinance. The ‘Sex Offender’ has the burden of proof to demonstrate by a preponderance of the evidence that the ‘Sex Offender’ should not be prohibited from entering the Parks;
The ‘Sex Offender’ shall provide written notice of his or her request for hearing by providing same to the office of the Crothersville Town Attorney and/or the office of the Council. The Council shall conduct a hearing upon this request not more than thirty (30) days from the ‘Sex Offender’s’ request.
3. The Council shall, upon the close of the hearing, enter findings of fact and conclusions of law setting forth whether the ‘Sex Offender’ has demonstrated ‘good cause’ to support the ‘Sex Offender’s’ request for exemption from the ordinance.
4. The hearing before the Council shall be conducted pursuant to the Indiana Open Door Law;
5. The ‘Sex Offender’ shall have thirty (30) days from his or her receipt of notice of the ordinance to request a hearing under this provision of the ordinance. If the ‘Sex Offender’ fails to request a hearing for exemption within thirty (30) days of notice of the ban, the ‘Sex Offender’s’ right to hearing shall be deemed waived.
6. The ‘Sex Offender’ may appeal the Council’s decision to the Jackson Circuit or Superior Court. The Court shall set aside the Council’s decision only for abuse of discretion.
7. The ‘Sex Offender’ shall be entitled to request exemption from this ordinance annually.
Be it further Ordained that 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)
Second Reading: 7-1-08