ANNA MARIA – The city has a new ordinance in place that regulates the activities of sexual offenders and sexual predators.
Prior to the Feb. 23 adoption of Ordinance 22-898, the city had no ordinance that addressed sexual offenders and sexual predators. According to City Attorney Becky Vose, the city previously relied on a county ordinance.
The city ordinance creates chapter 44, “Sexual Offenders and Sexual Predators,” in the city’s code of ordinances. The ordinance addresses prohibited residences and lodgings and places restrictions on certain activities by sexual offenders and predators.
The ordinance provides for an updated map to be posted at the city website which shows the restricted areas and buffers zones that apply to schools, day care centers, beaches, parks, trolley stops and playgrounds. At the request of Commissioner Robert Kingan, the restricted areas also include The Center of Anna Maria Island.
According to the ordinance, its intent is to protect residents and visitors, particularly children, by limiting the opportunity for sexual predators and sexual offenders to come in contact with unsuspecting children in locations frequently visited by and used by children.
Ordinance prohibitions
The ordinance prohibits any sexual offender or sexual predator from intentionally lodging or residing in a permanent or temporary residence within 150 feet of any designated restricted location.
The ordinance provides exceptions for an offender or predator who established a permanent residence within 150 feet of a designated location prior to the effective date of the new ordinance.
“However, at the end of the current rental term, the sexual offender or sexual predator shall be required to abandon that permanent residence and establish a new permanent residence at a location that is not within 150 feet of any designated location,” according to the ordinance.
Exceptions are provided for an offender or predator who was a minor and was not sentenced as an adult when they committed the offense that caused them to be designated as a sexual predator or offender. An exception is also provided if the designated location was opened or established after the sexual offender or predator established permanent residence.
According to the ordinance, it is now unlawful for a property owner to knowingly lease or rent any place or structure to a sexual offender or predator with the knowledge that it will be used as a permanent residence, temporary residence or place of work, if that structure is located within 150 feet of any designated location.
Declaration of status
The ordinance requires a sexual offender or sexual predator attending any school event or function, any day care event or function, or any other event or function where more than 10 children are present, regardless of the location, to declare their status as a sexual offender or predator to the person in charge of the event or function.
The ordinance prohibits a sexual offender or predator from being present at or in any designated location within the 150-foot buffer zone that surrounds each designated location.
The ordinance provides exceptions for attending church services or functions, attending an educational institution as a registered student, attending to medical or health care needs with a licensed health care provider or visiting a family member’s home when a family member is present.
The exceptions allow a predator or offender to seek refuge during times of impending natural disasters or acts of terrorism, attend a public or governmental meeting and to visit a store, restaurant or other commercial establishment to purchase or inquire about commodities or services.
Penalties
Prior to a citation being issued for an alleged violation, the ordinance requires law enforcement officers to afford the suspected person an opportunity to explain their presence or purpose for being within a designated restricted area.
“No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure, or if it appears at trial that the explanation given by the person is true,” according to the ordinance.
Those who violate the ordinance are subject to a $250 citation for a first violation and a $500 citation for second and subsequent violations.
“If the sexual offender or sexual predator does not leave the designated location or buffer zone within 10 minutes after receiving the first citation, second and subsequent citations may be issued every 10 minutes until the sexual offender or sexual predator leaves the designated location or buffer zone,” according to the ordinance.
“If determined appropriate by the city, the city may pursue injunctive relief to address repeated or continuing violations,” the ordinance notes.
