9.24.110 Residency of sex offenders.

Title 9 PUBLIC PEACE, MORALS AND WELFARE

A. Findings and intent.

1. The City Council hereby finds that repeat sex offenders, sex offenders who use physical violence, and sex offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sex offenders have a high rate of recidivism, making the cost of sex offender victimization to society at large extremely high. Removing such offenders from regular proximity to places where children are located and limiting the frequency of contact between sex offenders and children is likely to reduce the risk of an offense.

2. This Section is intended to serve the City's compelling interest to promote, protect and improve the public health, safety and welfare by creating areas around locations where children regularly congregate in concentrated numbers where certain sex offenders and sexual predators are prohibited from establishing temporary or permanent residence.

B. Definitions. For purposes of this Section, the following terms shall have the following meanings:

1.         "Permanent residence" means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.

2.         "Temporary residence" means a place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent residence, or a place where a person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

3.         "Walk-to-school route" means a route officially designated by the City for use by children walking to or from a public or private school, and shown on maps maintained by the City's Police Department and available for public inspection.

C. Prohibitions.

1. It is unlawful for any person who is required to register under the Colorado Sex Offender Registration Act, C.R.S. § 16-22-101, et seq., as amended, to establish a permanent residence or temporary residence within one thousand feet (1,000') of any park, playground or school, or within five hundred feet (500’) of any day care center, recreation center or swimming pool (other than pools located at private, single-family residences), or at properties located adjacent to any designated public or private school bus stop, walk-to-school route, or recreational trail.

2. It is unlawful to let or rent any portion of any place, structure, trailer or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant this Section.

D. Exceptions. A person is not guilty of a violation of this Section if:

1.         The person established the permanent or temporary residence prior to the effective date of the ordinance codified in this Section; provided, however, that this exception shall not apply if the individual committed the offense for which registration under the Colorado Sex Offender Registration Act is required after the effective date of the initial ordinance codified in this Section;

2.         The person is placed in the residence pursuant to a State of Colorado foster care program; or

3.         The school, designated public or private school bus stop, walk-to-school route, day care center, park, playground, swimming pool, recreational trail or recreation center was opened after the person established the permanent or temporary residence, and is not replacing an existing school, designated public or private school bus stop, walk-to-school route, day care center, park, playground, swimming pool, recreational trail or recreation center.

E. Measurement. For purposes of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the outer property line of the property on which the permanent or temporary residence is located to the nearest outer property line of the property on which the school, park, day care center, playground or recreation center is located. (Ord. 2005-41)