2187ORDINANCE NO. 2187
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDNANCE:
AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE 2, SECTION 15 -202 OF THE
BLAIR MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCE
PROHIBITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1: Chapter 15, Article 2, Section 15 -202 of the Municipal Code of the City of
Blair, Nebraska is hereby amended as follows, to wit:
Sec. 15 -202. SEX OFFENDER RESIDENCE PROHIBITIONS; PENALTIES: AND
EXCEPTIONS.
A. Prohibited Location of Residence. It is unlawful for any person who is subject to
the Nebraska Sex Offender Registration Act, convicted of any offense subject to the
Nebraska Sex Offender Registration Act in which the offender is a Registered Sex
Offender who must register for life under the Nebraska Sex Offender Registration Act or
similar requirement of any other state, to reside within 500 feet of the real property
comprising of a public or nonpublic elementary or secondary school, preschool or
licensed child care facility.
B. Measurement of Distance. 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
boundary line of a public or nonpublic elementary or secondary school, preschool or
licensed child care facility.
C. Penalties. A person who violates this section shall be punished as provided
generally in this code.
D. Exceptions. A person residing within 500 feet of any real property comprising of
a public or nonpublic elementary or secondary school, preschool or licensed child care
facility does not commit a violation of this section if any of the following apply:
(1) The person's residence results from a requirement to serve a sentence at a
jail, prison, juvenile facility, or resides in any other correctional institution
or facility including a correctional or treatment facility operated by the
state or any political subdivision.
(2) The person is a minor or ward under a guardianship and resides with the
(3)
guardian.
The person established such residence prior to the effective date of this
ordinance.
(4) The person's place of residence becomes a violation of this ordinance
solely because of annexation into the City.
(5)
The public or nonpublic elementary or secondary school, preschool or
child care facility within 500 feet of the person's permanent residence was
established after the person's initial date of residence at that location.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2010.
CITY OF BLAIR, NEBRASKA
J M S E. REALPH, MAYOR
NDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City held on the 8th day of June,
2010.
BI£'DA R. WHEELER, CITY CLERK