Ordinance # 05-12-156

  Effective: 9/23/05

Ordinance to regulate the residency and presence of sex offenders.

 

             

Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi have determined that there exists the necessity to adopt an Ordinance to promote the health, safety and welfare of the Citizens by regulating the presence and residence of convicted sex offenders in the City.

 

Section 1.  Definitions

 

Sex Offender- includes anyone who has been charged under Mississippi Law with a sex offense listed in Mississippi Code Title 97 or the attempt to commit any included sex offense, or any substantially similar federal law or law of another state, and;

 

a)      is convicted of such offense or an attempt to commit such offense;

b)      is found not guilty by reason of insanity of such offense or an attempt to \ commit such offense; or

c)      is the subject of a finding not resulting in an acquittal under Mississippi, Federal or other State Laws.

 

No Sex Offender Zone – shall mean any school, real property comprising of any school, library, real estate comprising a library, bus stop, public park, real property comprising of any public park, public playground, real property comprising of any public playground, child care facility, real property comprising of any child care facility, children’s athletic field or facility or any real property comprising of same, public or private youth center and any real property comprising same, public swimming pool and any real property comprising same, free standing video arcade facility and any real property comprising same, any other or entertaining minors, and nay leased or owned motor vehicle attendant to any such business or facility or the other entities listed in this paragraph and any location of the victim of the particular Sex Offender’s sex offense.

 

Section 2.  Prohibitions

 

A.     It shall be unlawful for a Sex Offender to reside within 2000 feet of a No Sex Offender Zone.

B.     It shall be unlawful for a Sex Offender to be present in or within 2000 feet of a No Sex Offender Zone when persons under the age of 18 are present, unless the offender is transporting his/her child to/from a facility located in a No Sex Offender Zone.

C.     It shall be unlawful for a Sex Offender to approach, contact, or communicate with a person under 18 years of age in a No Sex Offender Zone, unless the offender is a parent or guardian of a person under of 18 years of age present in the No Sex Offender Zone and the offender is approaching, contacting or communicating only with his/her child present in the No Sex Offender Zone. 

D.     Nothing in this prohibition section prohibits a Sex Offender who is a parent or guardian of a student attending a school from attending (i) a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion so long as the Sex Offender notifies the principal of the school of his or her presence at the school and sex offender status or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal.  With any such grant of permission at a public school, the principal must be notified directly by the granting body or superintendent of the nature of the visit and hours during which the Sex Offender may be present.  If the offender is to be present in the vicinity of children, the offender has the duty to remain under the direct supervision of a school official.  Violations of this provision will result in the penalty described below in Section 3.

E.     Nothing in this prohibition section prohibits a Sex Offender from residing within 2000 feet of a No Sex Offender Zone if the property is owned by the Sex Offender and was purchased on or before the effective date of this ordinance and was being used by the Sex Offender as his/her primary residence on or before the effective date of this ordinance.

 

Section 3.  Penalties

 

Any Sex Offender in violation of this Ordinance shall be guilty of a misdemeanor and fined in the amount of no more than $1000 and/or up to ninety (90) days in jail, or both.

 

Section 4.  Construction And Severability

 

Severability is intended throughout and within the provisions of this Ordinance.  If any provision, including any exemptions, part, phrase, term or the application thereof to any person or circumstance is held invalid by a court of appropriate jurisdiction, the application to other persons or circumstances shall not be affected thereby, and the validity of the ordinance in any and all other respects shall not be affected thereby.