HomeMy WebLinkAbout2005-11-07-Ordinance 2558_Criminal Code, Sex OffendersORDINANCE NO.2558
AN ORDINANCE REPEALING EXISTING CHAPTER 604 (AND ITS SUBSECTIONS)
OF THE WAUKEE MUNICIPAL CODE AND ENACTING IN LIEU THEREOF
CHAPTER 604 (SUBSECTIONS 604.1-604.6)TITLED "RESIDENCY RESTRICTIONS
FOR SEX OFFENDERS"REGULATING THE RESIDENCY OF CONVICTED SEX
OFFENDERS WITHIN THE CORPORATE LIMITS OF THE CITY OF WAUKEE,
IOWA AND PROVIDING PENALTIES FOR VIOLATIONS.
WHEREAS,as recognized by the Eighth Circuit United States Court of Appeals in its
April 29,2005 decision of Doe v.Miller,and as recognized by the Iowa Supreme Court in State
v.Seeling,decided on July 29,2005,the City fmds and declares that sex offenders are a serious
threat to public safety.When convicted sex offenders reenter society,they are much more likely
than any other type of offender to be re-arrested for a new rape or sexual assault.Given the high
rate of recidivism for sex offenders and that reducing opportunity and temptation is important to
minimizing the risk of reoffense,there is a need to protect children where they congregate or
play in public places in addition to the protections afforded by state law near schools and day
care centers.The City finds and declares that in addition to schools and daycare centers,children
congregate or play at child-oriented facilities identified in section 604.3(1);AND
WHEREAS,as a housekeeping matter,Chapter 604 (and its subsections)of the Waukee
Municipal Code is a duplication of A Criminal Mischief Ordinance already existing in the Code
and should be repealed.
BE IT ORDAINED by the City Council of the City of Waukee,Iowa:
Section 1.That the Municipal Code of the City of Waukee,Iowa,2005,is hereby
amended by repealing existing Chapter 604 (604.1-604.7)of the Waukee Municipal Code and
enacting in lieu thereof Chapter 604 (604.1-604.6)Residency Restrictions for Sex Offenders,
Sections 604.1 through Section 604.6,relating to residency restrictions for sex offenders as
follows:
Chapter 604.RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
Section 604.1.Purpose.
This article is a regulatory measure aimed at protecting the health and safety of
children in Waukee from the risk that convicted sex offenders may reoffend in
locations close to their residences.As recognized by the Eighth Circuit United
States Court of Appeals in its April 29,2005 decision of Doe v.Miller,and as
recognized by the Iowa Supreme Court in State v.Seering,decided on July 29,
2005,the city finds and declares that sex offenders are a serious threat to public
safety.When convicted sex offenders reenter society,they are much more likely
than any other type of offender to be re-arrested for a new rape or sexual assault.
Given the high rate of recidivism for sex offenders and that reducing opportunity
and temptation is important to minimizing the risk of reoffense,there is a need to
protect children where they congregate or play in public places in addition to the
protections afforded by state law near schools and day care centers.The city
finds and declares that in addition to schools and daycare centers,children
congregate or play at child-oriented facilities identified in section 604.3(1)
Section 604.2.Definitions.
As used in this article and unless the context otherwise requires:
1."Aggravated offense"means a conviction for any of the following
offenses:
(a)Sexual abuse in the first degree in violation ofIowa Code section 709.2.
(b)Sexual abuse in the second degree in violation of Iowa Code section
709.3.
(c)Sexual abuse in the third degree in violation of Iowa Code section 709.4,
subsection 1.
(d)Lascivious acts with a child in violation of Iowa Code section 709.8,
subsection 1.
(e)Assault with intent to co111111itsexual abuse in violation of Iowa Code
section 709.11.
(f)Burglary in the first degree in violation of Iowa Code section 713.3,
subsection I,paragraph "d".
(g)Kidnapping,if sexual abuse as defined in Iowa Code section 709.1 IS
committed during the offense.
(h)Murder,if sexual abuse as defmed in Iowa code section 709.1 IS
committed during the offense.
(i)Criminal transmission of human inununodeficiency virus in violation of
Iowa Code section 709C.1,subsection I,paragraph "a".
2."Criminal offense against a minor"means any of the following criminal
offenses or conduct:
(a)Kidnapping of a minor,except for the kidnapping of a minor in the third
degree committed by a parent.
(b)False imprisonment of a minor,except if committed by a parent.
(c)Any indictable offense involving sexual conduct directed toward a minor.
(d)Solicitation of a minor to engage in an illegal sex act.
(e)Use of a minor in a sexual performance.
(f)Solicitation of a minor to practice prostitution.
(g)Any indictable offense against a minor involving sexual contact with the
rmnor,
(h)An attempt to commit an offense enumerated in this subsection.
(i)Incest committed against a minor.
(j)Dissemination and exhibition of obscene material to minors in violation of
Iowa Code section 728.2.
2
(k)Admitting minors to premises where obscene material is exhibited in
violation ofIowa Code section 728.3.
(1)Stalking in violation ofIowa Code section 708.11,subsection 3,paragraph
"b",subparagraph (3),if the fact-finder determines by clear and
convincing evidence that the offense was sexually motivated.
(m)Sexual exploitation of a minor in violation ofIowa Codc section 728.12.
(n)Enticing away a minor in violation of Iowa Code section 710.10,
subsection 1.
(0)An indictable offense committed in another jurisdiction which would
constitute an indictable offense under paragraphs (a)through (n).
3."Other relevant offense"means any of the following offenses:
(a)Telephone dissemination of obscene materials in violation of Iowa Code
section 728.15.
(b)Rental or sale of hard-core pornography in violation ofIowa Code section
728.4.
(c)Indecent exposure in violation ofIowa Code section 709.9.
(d)Incest connnitted against a dependent adult as defmed in Iowa Code
section 235B.2 in violation ofIowa Code section 726.2.
(e)A criminal offense committed in another jurisdiction which would
constitute an indictable offense under paragraphs (a)through (d)if
committed in this state.
4."Person"means a person who has committed a criminal offense against a
minor,OT an aggravated offense,sexually violent offense,or other relevant
offense that involved a minor.
5."Residence"means the place where a person sleeps,which may include
more than one location,and may be mobile OT transitory.
6."Sexually violent offense"means any of the following indictable offenses:
(a)
(b)
Sexual abuse as defined under Iowa Code section 709.1.
Assault with intent to commit sexual abuse in violation of Iowa Code
section 709.11.
Sexual misconduct with offenders in violation of Iowa Code section
709.16.
Any of the following offenses,if the offense involves sexual abuse OT
attempted sexual abuse:murder,attempted murder,kidnapping,burglary,
OT manslaughter,
A criminal offense committed in another jurisdiction which would
constitute an indictable offense under paragraphs (a)through (d)if
committed in this state.I
(c)
(d)
(e)
3
Section 604.3.Residency Restrictions.
1.A person shall not reside within two thousand feet of the real property
comprising any of the following child oriented facilities:
(a)a public park;
(b)the City Community Center;
(c)a public library;or
(d)a multi -use recreational trail;
(e)the City Golf Course.
2.The distance shall be measured from the closest boundary line of the
residence to the closest boundary line of the child oriented facilities
identified in subsection (l).
Section 604.4.Residency Exceptions.
A person residing within two thousand feet of the real property comprising a
child-oriented facility identified in section 604.3(1)does not commit a violation
of this article if any of the following apply:
(a)The person is required to serve a sentence at a jail,prison,juvenile facility,
or other correctional institution or facility.
(b)The person is subject to an order of commitment under chapter 229A of
the Iowa Code.
(c)The person has established a residence prior to the effective date of this
ordinance,or a child oriented facility as identified in section 604.3(1)is
newly located on or after the effective date of this ordinance and the
person has established a residence prior to the date of the start of
construction of such newly located child oriented facility.
(d)The person is a minor or a ward under a guardianship.
Section 604.5 Multiple Offenses.
Each day that a person resides within 2000 feet of a child orientated facility in
violation of this chapter shall constitute a separate offense and separate violation
of this chapter.
Section 604.6.Violations.
Any person who resides within two thousand feet of the real property comprising
a child oriented facility identified in section 604.3(1)in violation of this article
shall be guilty of a misdemeanor punishable by fine of not more than $500 or
imprisonment for a period of not more than 30 days or shall be guilty of a
municipal infraction punishable by a civil penalty and other relief deemed
4
appropriate as allowed by Iowa Code §364.22 et seq.(2005)and any amendments
thereto.)
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall be
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section S.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
Passed by the Waukee City Council the 7th day of November 2005,and approved this 7'h day of
November 2005.
ATTEST:
5