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HomeMy WebLinkAbout2006-OR-68 Ordinance Prohibiting Convicted Sex Offenders From Entering Public Property Owned by The City of Jeffersonville and/or The City's Subdivisions As Specifically Set Forth 2006-0R- 68 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, 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" register with local law Page 1 of8 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) If 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, 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 defined by Indiana Code as "Sex Offenders" 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 permanently Page 2 of8 prohibited, from the following properties: Jeffersonville Aquatic Center, the Nachand Fieldhouse, Playsquare Park, Jeffersonville/GRC Meijer 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. (Hereinafter j referred to collectively as "Parks") Whereas, any "Sex Offender" that 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: Page 3 of8 (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 registered "Sex Offenders" as set forth 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, all "Sex Offenders" shall be prohibited from 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 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. Whereas, in addition to the above notice, the Jeffersonville Parks Department shall be required to post all rules that have been adopted by the Parks Department and/or the City Council. Not later than February 151 of each year. Whereas, in order to insure that each and every effected person has the opportunity to object to their ban from said Parks the City shall adopt the following process permitting a "Sex Offender" the opportunity to be heard and be considered for exemption from enforcement of this ordinance: 1. The City shall appoint the Jeffersonville City Court Judge ("Judge") to serve as hearing officer to hear all requests for exemption by a "Sex Offenders" who wish to be exempt from the prohibitions Page 4 of8 of this ordinance; 2. A "Sex Offender" may request a hearing before the Judge wherein the "Sex Offender" shall be allowed to present evidence in support of the "Sex Offender's" request that he or she be exempt from the ordinance. The "Sex Offender" has the burden of proof to demonstrate by a preponderance of the evidence that the "Sex Offender" should not be prohibited from entering the Parks; The "Sex Offender" shall provide written notice of his or her request for hearing by providing same to the office of the Jeffersonville City Attorney located within the City Hall and/or the office of the Jeffersonville City Court Judge. The Judge shall conduct a hearing upon this request not more than thirty (30) days from the "Sex Offenders'" request. 3. The Judge shall, upon the close of the hearing, enter findings of fact and conclusions of law setting forth whether the "Sex Offender" has demonstrated "good cause" to support the "Sex Offender's" request for exemption from the ordinance. 4. The hearing before the Judge shall be conducted pursuant to the Indiana Open Door Law; 5. The "Sex Offender" shall have thirty (30) days from his or her receipt of notice of the ordinance to request a hearing under this provision of the ordinance. If the "Sex Offender fails to request a hearing for exemption within thirty (30) days of notice of the ban, the "Sex Offender's" right to hearing shall be deemed waived. 6. The "Sex Offender" may appeal the Judge's decision to the Clark Circuit or Superior Court. The Court shall set aside the Judge's decision only for abuse of discretion. 7. The "Sex Offender" shall be entitled to request exemption from this ordinance annually. Be It Therefore Resolved That: 1. "Sex Offenders" 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. Any "Sex Offender" that provides notice to the City Attorney of his or her desire to be exempt from this ordinance shall be given an opportunity to be heard by the Judge of the Jeffersonville City Court in an open and public hearing; and Page 5 of8 4. 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. WHEREFORE, on this 8th day of January. 2007, this Ordinance was approved on its third and final reading by the Common Council of the City of Jeffersonville, Indiana, by the affirmative vote of I members in favor, g, members against, and g, members not voting. ,/"j ---< ... Keith Fetz, President Jeffersonville Common Council Page 6 of8 CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that on the ,cft'dayof j~ . 2007, the above Ordinance was presented by me, as the duly elected Clerk-Treasurer of the City of ersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana. APPROVAL OR VETO OF ORDINANCE BY MAYOR The undersigned, as of this /7-tlt day of 'Jl/flJlA /'1 ,2007, and as the duly elected Mayor of the City of Jeffersonville, Indiana, hereby takes the Merein below described action regarding the above Ordinance as authorized by the provisions of IC 36-4-6-16 and as evidenced by my signature affixed belr below as appropriate): I hereby APPROVE this Ordinance, which approval was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. A~~- Peggy er, Clerk-Treasurer ROBERT ~. AIZ, J ., Mayor of the City of Jeffersonv. e, Indiana red within ten (10) days after its I hereby VETO this Ordinance, which veto w presentation by the Clerk-Treasurer to me. Page 7 of8