Ordinance No. 57-05-22 vAN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, CREATING A NEW
ARTICLE III, SEXUAL OFFENDERS AND SEXUAL PREDATORS, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Mayor and Commissioners are deeply concerned about numerous occurrences in
the State of Florida and in Duval County whereby convicted sex offenders who have been released from
custody repeat the unlawful acts for which they had originally been convicted and incarcerated, and
WHEREAS, the City of Atlantic Beach has long been and continues to be an attractive place for
families and children, especially small children who enjoy our beaches, parks, and other recreation areas, and
WHEREAS, the City Council of Jacksonville, Duval County, Florida, has recently enacted
Ordinance 2005-629-E establishing residency requirements for sexual predators prohibiting them from
residing within 2,500 feet from certain locations in Duval County (copy of Ordinance 2005-629-E attached),
and
WHEREAS, the Mayor and Commissioners of Atlantic Beach desire to establish policy which
provides the maximum protection of the lives and persons of those people and children residing in Atlantic
Beach, and
WHEREAS, many children residing in Atlantic Beach attend schools and go to public libraries, day
care centers and parks in the neighboring cities, such as Jacksonville and Neptune Beach, and
WHEREAS, §§794.065 and 947.1405, Fla.Stat., provide for 1,000 foot residence prohibitions from
specified locations for certain sexual offenders and sexual predators, and
WHEREAS, §847.0134, F1a.Stat., provides that certain adult entertainment venues may not be
located within 2,500 feet of the real property that comprises a public or private elementary school, middle
school, or secondary school, and
WHEREAS, Article VIII, Sec.2(b) of the Florida Constitution and , § 166.02, Fla.Stat., provide the
City authority to protect the health, safety and welfare of its residents.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SF,C'TinN 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by
adding a new article to Chapter 13, Offenses, to be numbered Article III, which article shall read as follows:
"Article III. SEXUAL OFFENDERS AND SEXUAL PREDATORS.
"Sec. 161. Sexual predators residency requirement.
(a) It is unlawful for any person who is required by Florida law to register as a
sexual predator to reside within 2,500 feet of any school, public library, licensed child day
care center, park, playground, or the ocean beach, which are places where children regularly
congregate, whether said locations are in the city limits of Atlantic Beach or in any
neighboring city.
(b) A person residing within 2,500 feet of any school, public library, licensed day
care center, park, playground, or the ocean beach, which are places where children regularly
congregate, whether said locations are in the city limits of Atlantic Beach or in any
neighboring city, does not commit a violation of this section, provided that the sexual
predator is in full compliance with probation, parole, or conditional release and does not
commit another sexual offense, and was in compliance with the residency restrictions prior to
October 10, 2005, if any of the following apply:
(1) The person established the permanent residence prior to October 10,
2005.
(2) The person was a minor when he/she committed the offense and was
not convicted as an adult.
(3) The person is a minor.
(4) The school, public library, licensed day care center, park, or
playground, which are places where children regularly congregate, whether said locations are
in the city limits of Atlantic Beach or in any neighboring city, within 2,500 feet of the
persons' permanent residence was opened after the person established the permanent
residence.
(c) Any person violating any provision of this section shall be guilty of an offense
punishable as set forth in Sec. 1-11 of the Code of Ordinances of the City of Atlantic Beach,
Florida."
SF,(:TTnN 2. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this Z~fh day of ~ e~rr)ber, 2005.
PASSED by the City Commission on second and final reading this ~~~ day of ~G~~~r
2005.
ATTEST:
~a
DONNA BUSSEY, City Clerk
Approved as to form and correctness:
AN SEN, ESQUIRE
City rney