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17. Residency of Sexually Violent Predators

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CHAPTER 17
RESIDENCY OF SEXUALLY VIOLENT PREDATORS

6-17-1: PURPOSE AND INTENT
6-17-2: DEFINITIONS
6-17-3: PROHIBITIONS
6-17-4: EXCEPTIONS
6-17-5: MEASUREMENT
6-17-6: PENALTIES

6-17-1: PURPOSE AND INTENT:  (3533)

(A) The City Council hereby finds that persons who have been determined to be sexually violent predators, pursuant to Section 18-3-414.5, C.R.S., as amended from time to time, present an extreme threat to the public safety, and,  in particular, to children.  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 congregate and limiting the frequency of contact between this category of sex offenders and children is likely to reduce the risk of a re-offense.

(B) 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 sexual predators are prohibited from establishing temporary or permanent residences.

6-17-2: DEFINITIONS:   The following words, terms, and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Child Care Center” shall mean a facility that is maintained for the care of five (5) or more children under the age of eighteen (18) years for less than twenty-four- (24) hour programs of care, as more specifically defined at  §26-6-102(1.5), C.R.S.

“Park” shall mean any publicly owned park, including playgrounds.

“Permanent Residence” shall mean a place where a person abides, lodges or resides for five (5) or more consecutive days.

“Recreation Center” shall mean a publicly owned recreation center.

“School” shall mean any public, private, parochial, charter or other school attended by students generally under the age of eighteen (18), except for home schools.

“Sexual Predator” shall mean any person who has been found to be a sexually violent predator pursuant to Section 18-3-414.5, C.R.S.

“Swimming Pool” shall mean a publicly owned outdoor water-filled structure used for the purpose of swimming or other water activities, including splash parks.  As used in this Chapter, “swimming pool” shall not include any water-filled structures located at private, single-family residences.

“Temporary Residence” shall mean a place where a person abides, lodges or resides for a period of five (5) or more days in an aggregate calendar year and that is not the person's permanent residence; or a place where a person routinely abides, lodges or resides for a period of five (5) or more consecutive or nonconsecutive days in any month and that is not the person's permanent address.

6-17-3: PROHIBTIONS:

(A) It shall be unlawful for a sexual predator to establish a permanent or temporary residence within one thousand feet (1,000’) of any school, park, recreation center, swimming pool or state-licensed child care center or within five hundred feet (500’) of the centerline of any public trail established by the City on open space or parklands.

(B) It shall be unlawful to let or rent any portion of any property, room, place, structure, trailer or other living space to a sexual predator with the knowledge that it will be used as a permanent or temporary residence in violation of this Chapter.

6-17-4: EXCEPTIONS:

(A) A sexual predator is not guilty of a violation of this Chapter if:

(1) The sexual predator had established the permanent or temporary residence prior to the effective date of this Chapter; provided, however, that this exception shall not apply if the sexual predator committed and was subsequently convicted of an offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Chapter;

(2) The sexual predator is placed in the residence pursuant to a state-licensed foster care program; or

(3) The school, park, swimming pool, state-licensed child care center, recreation center or trail was opened after the sexual predator established the permanent or temporary residence.

(B) A person who lets or rents any portion of any property, room, place, structure, trailer or other living space to a sexual predator with the knowledge that it will be used as a permanent or temporary residence in violation of this Chapter is not guilty of a violation of this Chapter if:

(1) The person let or rented the property, room, place, structure, trailer or other living space to the sexual predator prior to the effective date of this Chapter;

(2) The person lets or rents the property, room, place, structure, trailer or other living space to a sexual predator pursuant to a state-licensed foster care program; or

(3) The person let or rented the property, room, place, structure, trailer or other living space to the sexual predator prior to the opening of any school, park, swimming pool, state-licensed child care center, recreation center or trail.

6-17-5: MEASURMENT:  For the purpose of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the centerline of any trail or the outer property line of the property on which the park, school, recreation center, swimming pool or state-licensed child care center is located to the nearest point of the structure or place of permanent or temporary residence, unless the facility and the residence are separated by a natural or man-made barrier that would preclude access from one point to the other.  In the case of such physical barrier, the City Manager may determine based upon reasonable evidence that the measurement requirements have or have not been met.  If any portion of a dwelling unit used as a temporary or permanent residence falls within the measurement area, the entire dwelling unit is presumed to be the residence.  Geographic information system (GIS) data regarding the locations in question shall be prima facie evidence of the actual distance.

6-17-6: PENALTIES:  Any violation of this Chapter shall be deemed a criminal violation of this Code, punishable by a fine or imprisonment or both in accordance with the provisions of Section 1-8-1, W.M.C.

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