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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