2064ORDINANCE NO. 2064
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND SECTION 15 OF THE MUNICIPAL CODE BY ADDING
ARTICLE (2) RELATING TO OFFENSES AGAINST PUBLIC DECENCY, TO PROHIBIT
CERTAIN PERSONS SUBJECT TO THE SEX OFFENDER REGISTRATION ACT AND
DEFINED AS SEXUAL PREDATORS FROM RESIDING IN CERTAIN AREAS WITHIN
THE CITY OF BLAIR, NEBRASKA, TO PROVIDE FOR POLICE ASSISTANCE IN
ENFORCING SUCH ACT, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE
SAME AND TO PROVIDE FOR THE EFFECTIVE DATE HEREOF. 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: Findings and Intent.
A. The Nebraska Legislature has found that certain sex offenders present a high risk
to commit repeat offenses and has enabled cities to restrict such persons place of
residency as provided in the Sexual Predator Residency Restriction Act.
B. Repeat sex offenders who use physical violence and prey on children are sexual
perpetrators who present an extreme threat to public safety. Where there is a high risk to
repeat such acts, such persons are extremely likely to pose a great threat to children.
These offenders commit many offenses, have many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes the cost of sex
offender victimization to society at large, while incalculable, extremely exorbitant.
C. It is the intent of this Ordinance to serve the City's compelling interest to
promote, protect and improve the health, safety and welfare of the citizens of the City by
creating certain areas around locations where children regularly congregate in
concentrated numbers where certain sexual predators cannot reside.
SECTION 2: That a new Article under Chapter 15 numbered Article 2 shall be added to the
Blair Municipal Code which shall read as follows:
Sec. 15 -201 DEFINITIONS.
The following words, terms, and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicated a
different meaning.
A. Sex offender shall be anyone defined in the Sex Offender Registration Act
(Sections 29 -4001 to 29 -4013, inclusive, Neb. Rev. Stat.) or any amendments thereto, as
of the effective date of this Ordinance, or any person convicted under the law of another
state, if at the time of the conviction under the law of such other state, the offense for
which the person was convicted would have required registration under the Nebraska Sex
Offender Registration Act, if the conviction occurred in Nebraska.
B. Residence means a place where the person regularly sleeps, where the person has
established his home, where he is habitually present, and to which when he departs he
intends to return. A residence may include more than one location and may be mobile or
transitory. Residency may be shown by, among other evidence, receipt of mail at the
premises or identification of the premises as a residence on a driver's license, vehicle
registration, or other document.
C. Child Care Facility means a place with a license issued under the Nebraska Child
Care Licensing Act, sections 71 -1908 to 71 -1923, as currently existing or hereafter
amended. It shall include licensed places both inside and outside of the corporate limits
of the city.
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 Classified as Risk Level 3, and convicted of
any offense subject to the Nebraska Sex Offender Registration Act in which the offender
was an adult (at time of conviction) and the victim was a minor or child, or a 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.
ATTEST:
(2) The person is a minor or ward under a guardianship and resides with the
guardian.
(3) 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 peunanent residence was
established after the person's initial date of residence at that location.
Sec. 15 -203 SEVERABILITY.
If any provision of this ordinance or its application to any person or
circumstances, shall be held invalid, the remainder of the ordinance, or the application of
the provisions to other persons or circumstances, shall not be affected.
SECTION 5: That this Ordinance shall be in full force and effect (10) days from publication of
this ordinance.
Passed and approved this 13th day of June, 2006.
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA
COUNTY OF WASHINGTON
) SS
CITY OF BLAIR, NEBRASKA
ES E. REALPH, MAJOR
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 13th day of
June, 2006.
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BRENDA WHEELER, CITY CLERK