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Home My WebLink About2009-OR-36An Ordinance Prohibiting Individuals That Are Required To Resister UDOn a "Sex Offender Reaistrv" Either In Indiana or Anv Other State From Entering Public Property Owned by The City of Jeffersonville and/or The City's Subdivisions As Specifically Set Forth 2009-OR- 36 Whereas, Indiana Code 36-4-6-18 empowers the Jeffersonville City Council to pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money. Whereas, the City Council is vested with the duty and obligation to pass ordinance that provide for the safety and health of the citizens and to insure that the citizens of Jeffersonville have a safe place to live, work and raise their families. Whereas, the City of Jeffersonville maintains and owns real estate and property upon which individuals, families and children gather to enjoy themselves for many. different purposes. Whereas, it is important that the citizens of Jeffersonville feel safe and secure when they are visiting the City's parks and properties. Whereas. this ordinance shall only avvly to those individuals who are urrently required to resister on the Indiana Sex Offender Reaistrv and/or a Sex Offender reaistrv maintained in another state. This ordinance shall not anvly to any individual that is no longer required to resister on the Indiana Sex Offender R aistrv and/or a Sex Offender reaistrv maintained in another state. When an in ividual is no /onaer required to resister on the Indiana Sex Offender Reaistrv and/or the Sex Offender Reaistrv of another state. that individual shall have full and complete access to the City of Jeffersonville's narks as defined herein and as exist in fact. Whereas. it has been determined by the Indiana Court of Appeals that persons do not have a fundamental constitutional right to enter public narks Doe v. Plainfield. 893 N.E.2d 1124 (Ct. Apn. 20081 Whereas. the law supports the conclusion that necessary steps can be t ken to protect society from sex offenders inasmuch as these particular offenders pose an ongoing and significant dancer and the risk of recidivism posed by sex offenders is frightening and high. Wallace v. State. -N.E.2dL- No 49S02-0803-CR-138. slip op. at 16. Whereas, the State of Indiana pursuant to Indiana Code 11-8-8- Et. Seq. has determined that it is necessary to require those individuals who the State has defined as "Sex Offenders" to register with local law enforcement. The Code sets out that registration means: "The registration required under this chapter must include the following information: (1) The sex offender's full name, alias, any name by which the sex offender was previously known, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver's license number or state identification number, principal residence address, and mailing address, if different from the sex offender's principal residence address. (2) A description of the offense for which the sex offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable. (3) if the person is required to register under section 7(a)(2) or 7(a)(3) of this chapter, the name and address of each of the sex offender's employers in Indiana, the name and address of each campus or location where the sex offender is enrolled in school in Indiana, and the address where the sex offender stays or intends to stay while in Indiana.(4) A recent photograph of the sex offender. (5) if the sex offender is a sexually violent predator, that the sex offender is a sexually violent predator. (6) /f the sex offender is required to register for life, that the sex offender is required to register for life. (7) Any other information required by the department. Whereas. for the vurnose of this Ordinance the term "Sex Offender" shall mean only an individual that is reauired by Indiana law. and/or the law of a.,~ other state, to reaister on a reaistev that maintains information regarding the whereabouts of that offender Moreover this shall not mean an individual who is no longer reauired to reaister_ uvon a Sex Offender reaistrv_ Whereas, the State of Indiana has determined that it is in the best interest of the State and the citizens of our State to maintain knowledge as to the whereabouts of those individuals who have been adjudicated to be Sex Offenders as defined by Indiana law. Whereas, the City Council of Jeffersonville reasonably believes that it is in the best interest of the health and safety of the citizens of Jeffersonville if those individuals that are reauired to reaister on the "Sex Offender" reaistrv be prohibited from entering upon certain property owned by the City of Jeffersonville, with the exception of the Jeffersonville City Hall and/or any other property wherein the "Sex Offender" is required to conduct business such as payment of fees or fines and/or to cast a vote in an election. Whereas, those individuals defined by Indiana Code as "Sex Offenders" shall be prohibited, from the following properties, unless otherwise granted an exemvtion as set forth by Ordinance of the Citv of Jeffersonville• Jeffersonville Aquatic Center, the Nachand Fieldhouse, Playsquare Park, Jeffersonville/GRC Worley Little League Park, Shirley Hall Park and Galligan Field, Grant Field and Orem Field, Vissing Park, Warder Park, Vogt Park, Bob Hedge Park, Colston Park, Clifford Graves Park, Connie Sellmer Park, Duffy's Landing, Highland Park, Gaither Park, John Wilcoxson Park, Landsden Park, Inman Park, Lottie Oglesby Park, the Ken Ellis Center, The Jeffersonville Optimist Park, Port Fulton Park, Preservation Station Park, Shannon Memorial Park, The Riverstage and Riverfront Park, the Spring Street Overlook, Harlan Vogt Park, Safety Town, Warder Park and the Spring Street Overlook and any and all other parks or like property that the City of Jeffersonville may acquire from this date forward. (Hereinafter referred to collectively as "Parks") Whereas, if an individual that is currently reauired to resister with the State of Indiana and/or any other State. pursuant to a "Sex Offender Reaistrv Law" enters upon any of those "Parks" described in the penultimate paragraph shall be subject to a fine of not more than Two Thousand Five Hundred Dollars ($2,500) nor less than One Hundred Dollars ($100); Whereas, any "Sex Offender" that enters upon any of those Parks as described above, after having received written notice from the City of Jeffersonville of this prohibition, shall be subject to criminal prosecution, at the discretion of the Clark County Prosecuting Attorney, based upon the following Indiana Criminal Code: IC 35-43-2-2Criminal trespass (a) A person who: (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent; (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent; .....commits criminal trespass, a Class A misdemeanor. Whereas, the Jeffersonville City Police its agents and/or officers shall deliver a copy of this ordinance to the address of each of those individuals that are reauired to re ister on the Indiana Sex Offender Registry. This shall serve as actual and constructive notice to those individuals that they are prohibited from the Parks as described herein. Whereas, only those individuals that are reauired to resister on the Indiana Sex Offender Reaistrv shall be prohibited from enterin_g the Parks. Therefore, in order to insure that those "Sex Offenders" that do not live within the jurisdiction of the City of Jeffersonville are notified of this prohibition there shall be a sign posted at the entrance of each facility notifying all "Sex Offenders" that are required to resister uaon the Sex Offender Reaistrv that it is unlawful for them to enter the Parks. Further, the sign shall set forth that their entry upon the premises may constitute the crime of "Criminal Trespass" and that they may be subject to arrest and prosecution. Be It Therefore Resolved That: 1. Those individuals that are required to register upon the Indiana Sex Offender Registry and/or a similar registry from another state shall be prohibited from entering the Parks owned by the City of Jeffersonville, Indiana; 2. Any "Sex Offender" that violates this ordinance shall be subject to those monetary fines as set forth herein as well as any and all other potential penalties, both civil and criminal, that may be applicable hereto; 3. If any provision of this Ordinance or application thereof to any Person or circumstance is held unlawful or otherwise invalid, such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision, and to this end each such invalid provision or application of this Ordinance is severable. It is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not been included. This Ordinance shall be in full force and effect upon its timely passage, promulgation and approval by the Mayor. Passed and adopted bX the Common Council of the City of Jeffersonville, Clark County, State of Indiana, this l ~~'day of ~~cPrn~r~ , 2009. ATTEST: ~~~ Peggy i er Clerk Treasurer Presented by me as Clerk Treasurer to the Mayor this ~~da of 2009. This Ordinance approved and C~y:~~.-Qn-ec.J , 2009. Pegg ilder Clerk Treasurer signed by me this ~~ day of