Loading...
HomeMy WebLinkAbout2007-OR-09 2007-OR-9 An Ordinance Defining the Term "Good Cause" As Set Forth In Ordinance ~:CQ -lo <i( And Requiring Documents to Support A "Sex Offender's" Request for Exemption Whereas, on the g 1-"/1 day of 5(..1 Yl v 11 yo V , 2007 the Jeffersonville City Council passed , Ordinance ;) () 0 ~ - 012 ~" ~ which is entitled: "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" Section A: Whereas, the ordinance contained the following provisions regarding the due process rights of an individual that has been effected by the passage of said ordinance: "Whereas, in order to insure/hat 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 exemptfrom the prohibitions 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 exemptfrom 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 prohibitedfrom 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'" req uest. 3. The Judge shall, upon the close of the hearing, enter findings offact and conclusions of law settingforth whether the "Sex Offender" has demonstrated ((good cause" to support the ~~Sex Offender's" requestfor exemptionfrom 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 hearingfor 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." Section B: Whereas, for the purpose of determining whether or not the "Sex Offender" has shown "good cause" as to why the "Sex Offender" should be exempt from the ordinance, the Judge shall consider the following factors: 1. Whether the "Sex Offender" is no longer required to register as a "Sex Offender" as defined by Indiana law; 2. Whether the "Sex Offender" has successfully completed probation or parole at the time of the request for exemption; 3. Whether the "Sex Offender" has successfully completed counseling at the time of the request for exemption; 4. Whether the "Sex Offender" has successfully completed a "...program for sex offenders approved by the parole board" as set forth in Indiana Code 11-13-3-4 Version A) 5. Whether the "Sex Offender" is presently employed; 6. Whether the "Sex Offender" has committed any additional crimes subsequent to his or hers conviction for the sex offense which caused them to be registered as a "Sex Offender"; 7. Whether the "Sex Offender" has a legitimate reason for entering those prohibited facilities. "A legitimate reason" shall be defined as: A. The "Sex Offender" has a son, daughter, step-son, step-daughter, grand- child, step-grandchild, sibling or step-sibling who is oarticioatim! in an activity at said facility that the "Sex Offender" would otherwise be prohibited from entering. B. "Participating" shall mean that the son, daughter, step-son, step- daughter, grand-child, step-grandchild, sibling or step-sibling is engaged in an activity at the facility at the time that the "Sex Offender" is present. This shall mean that the "Sex Offender's" exemption shall only apply to those times wherein the son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is "participating" in said activity. "Participating" in an activity shall include times when the "Sex Offender" is with the son, daughter, step-son, step- daughter, grand-child, step-grandchild, sibling or step-sibling and said son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step- sibling is utilizing the facility for the specific purpose that the facility was designed (i.e. attending a sporting event or practice, using playground equipment, using equipment at the facility for the purpose that it was designed, etc.) C. The exemption shall not be interpreted to allow the "Sex Offender" to be present at a facility at any time when the "Sex Offender's" son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is not participating in an activity at said facility. If the "Sex Offender's" son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is not present with the "Sex Offender" the "Sex Offender" is prohibited from being at the facility. 8. Whether the "Sex Offender" has met with the "Jeffersonville Parks Department" to notify them of his or her intent to request exemption from this ordinance. 9. Whether the "Sex Offender" has met with the agency that sponsors, over-sees or otherwise conducts the activity that the "Sex Offender's" son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling shall be "participating". This shall include, but not be limited to, any and all Little League organizations, basketball leagues, basketball camps, baseball leagues, baseball camps, volleyball leagues, volleyball camps and/or any and all other sports activities conducted at prohibited facilities. This shall further include any and all other activities conducted at said prohibited facilities that are not sports oriented but are activities wherein "minor children" are permitted to participate. 10. Whether the "Sex Offender" has met with his or her probation officer or parole officer and notified them of his or her request for exemption from this ordinance. 11. Whether or not the "Sex Offender" continues to present a danger to himself or the community. Section C: Whereas, the "Sex Offender" shall be required to present the following documents for consideration of the Judge and as a part of the record of the "Sex Offender's" request for exemption: 1. A certified copy of the charges that the "Sex Offender" was convicted. 2. A certified copy of the "Sex Offender's" Sentencing Order. 3. A certified copy of the "Sex Offender's" terms of Probation or Parole. 4. If the "Sex Offender" claims to have successfully completed probation or parole, a letter, notarized affidavit or certified copy ofthe court's order setting forth this fact. 5. A certified copy, letter or order from the "Sex Offender's" counselor or the approved program stating that the "Sex Offender" has successfully completed counseling and/or said program. 6. A letter from the "Jeffersonville Parks Department" acknowledging that the "Sex Offender" has notified them of his intent to seek exemption from the Ordinance referred to herein. 7. A letter from any agency, league or organization that the "Sex Offender's" son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is participating in and/or contemplates participating in, acknowledging that the "Sex Offender" has notified the agency, league or organization of the fact that he or she is a registered "Sex Offender" and that he or she has requested exemption from the Ordinance and has requested permission to be present at the otherwise exempt facility during those times which the "Sex Offender's" son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is participating in said aCtivity. 8. Any and all other documents that the "Sex Offender" refers to in his or her presentation shall be provided to the Judge. All of said documents shall be either in their original form or shall be certified copies thereof. 9. The "Sex Offender" shall provide proof that he or she has a son, daughter, step-son, step- daughter, grand-child, step-grandchild, sibling or step-sibling. This proof shall include their age, sex and relationship to the "Sex Offender". This proof shall be provided either by certified copies of documents purporting to establish said relationship and/or by testimony from the son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling's mother, father or guardian. 10. The "Sex Offender" shall provide proof that the son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling is participating and/or is going to participate in an activity as described herein. .11. The Judge shall have discretion to consider hearsay evidence at said hearing. However, the Judge may exclude any and all evidence that is not presented pursuant to those provisions in Section C, Paragraphs 1 through 10. Section D: Whereas, the Judge shall have the discretion to grant the "Sex Offender's" request for exemption from this Ordinance pursuant to the evidence as described herein. Moreover, the Judge shall be permitted to place limitations upon the exemption in addition to those limitations as set forth herein. The Judge shall be permitted to require the "Sex Offender" to: 1. Notify an employee, director, officer-ill-charge, or other individual located at the otherwise exempt facility that the "Sex Offender" has entered upon the property pursuant to his or her exemption. 2. Any and all other reasonable limitations as determined to be necessary to protect the citizens of Jeffersonville, Indiana. 3. The Judge shall submit a copy of his findings of fact and conclusions of law to the Jeffersonville Police Department and the Jeffersonville Parks Department where they shall be kept on file for the purpose of allowing an effected organization the opportunity to contact either department to inquire as to whether or not a .'Sex Offender" has been exempt from said ordinance. 4. If the Judge determines that the ..Sex Offender" shall be exempt from the ordinance the ..Sex Offender" shall obtain a photo identification card to be prepared by either the Jeffersonville Police Departmentor the Jeffersonville Parks Department which shall set forth the .'Sex Offender's" name, address, telephone number, the name of the son, daughter, step-son, step-daughter, grand-child, step-grandchild, sibling or step-sibling which shall be present with the ..Sex Offender" while at the facility and the date upon which the Judge determined the '.Sex Offender" was exempt from enforcement of the ordinance. Be It Therefore Resolved That: 1. This Ordinance shall serve as an amendment to the previously enacted ordinance described herein; 2. If any provision of this amendment 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 amendment and/or the original Ordinance which can be given effect without the invalid application or provision, and to this end each such invalid provision or application of this amendment and/or original Ordinance is severable. It is hereby declared to be the intent of the Jeffersonville City Council that this amendment Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not been included. Approved on this ,q tV day of March, 2007 by the Common Council of the City of Jeffersonville, Indiana in a lawfully conducted meeting in the Jeffersonville City Hall, Jeffersonville, Indiana. ,~ / ... ~ /~ - '- ~ Keith Fetz, Presiden Jeffersonville City Council DATE _ PASSED 1 2 YEA NEA PERKINS -- ZASTAWNY -- FETZ -- SELLERS -- WILSON -- GROOMS --- McCAULEY -- "' CERTIFICATE OF PRESENTATION TO MAYOR ~nderSigned hereby certifies that on the L"I day of "7J? ______,2006, the above Ordinance was presented by me, as the duly elected Clerk-Treasurer of the City of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana. APPROVAL OR VET i The undersigned, as of this ,200 ,and as the duly elected Mayor of the City of Jeffersonville, Indiana, hereby ta es the hereinbelow described action regarding the above Ordinance as authorized by the provisions 0f IC 36-4-6-16 and as evidenced by my signature affixed below (check below as a7iate): I hereby APPROVE this Ordinance, which approval was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. .... ROBERT L. WAIZ, R., Mayor of the City of Jefferson tile, Indiana within ten (10) days I hereby VETO this Ordinance, which ve after its presentation by the Clerk-Treasurer to me. Attes . Peg der, Clerk-Treasurer