The City Council of the City has found and determined that sex offenders who are required to register as sexual predators under Illinois Criminal Code present an extreme threat to the health, safety, and welfare of children. It is the intent of this section to serve the City's compelling interest to promote, protect and improve the health; safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate and wherein certain registered sex offenders and sexual predators are prohibited from loitering or establishing temporary or permanent residency.

(Zoning Ord. 2009, § 17.056.010)

For the purposes of this Section 17.056 only, the following terms, words and the derivations thereof shall have the meanings given herein:

Child means any person under the age of eighteen (18) years.

Child care institution means as ascribed in the Illinois Child Care Act, as amended.

Child Safety Zone means parks, playgrounds, schools, public libraries, amusement parks or facilities, public or commercial and semi-private swimming pools, day care facilities, child care institutions, public or private youth soccer, baseball or other sport fields, crisis centers or shelters, skate parks or rinks, public or private youth centers, scouting facilities, and offices for child protective services.

Database means the Department of Public Safety's Sex Offender Database or the sex offender registration files maintained by the Sex Offender Registration Officer of the City's Police Department.

Day care facility means as ascribed in the Illinois Child Care Act, as amended.

Loiter means:

(i)

Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around a Child Safety Zone.

(ii)

Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around a Child Safety Zone, for the purpose of committing or attempting to commit a sex offense.

(iii)

Entering or remaining in a building in or around a Child Safety Zone, other than the offender's residence.

Park or playground means any land, including improvements to the land that is administered, operated or managed by a public or private entity for the use of the general public as a recreational area. Recreational areas include, but are not limited to, recreational center, water park, swimming pool, soccer field, baseball or other sports field.

Permanent residence means a place where a person abides, lodges or resides for fourteen (14) or more consecutive days in any three hundred sixty-five (365) day period.

Public way means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, shopping centers, parking lots, transportation facilities, restaurants, shops, and similar areas that are open to the use of the public.

School means a private or public pre-school, elementary school, secondary school, or high school.

Sex offender means an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a person under seventeen (17) years of age for which the individual is required to register as a sex offender under the Illinois Sex Offender Registered Act, as amended (730 ILCS 150/1 et seq.).

Temporary residence means:

(i)

A place where a person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate, during any three hundred sixty-five (365) day period and which is not the person's permanent address; or

(ii)

A place where a person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any thirty (30) day period and which is not the person's permanent residence.

(Zoning Ord. 2009, § 17.056.020)

It shall be unlawful for any building, structure, trailer, mobile home, or place to be used by a sex offender as a permanent residence or temporary residence within one thousand five hundred (1,500) feet of the real property comprising a Child Safety Zone.

(Zoning Ord. 2009, § 17.056.030)

It is an affirmative defense to the application of this section if any of the following conditions apply:

A.

The property was both owned by the sex offender and the sex offender resided at said premises before the effective date of the ordinance from which this section is derived, or the property is leased.

B.

The property was both rented by the sex offender and the sex offender resided at said premises before the effective date of the ordinance from which this section is derived.

C.

The sex offender has established a permanent residence or temporary residence and residency has been consistently maintained and the person has complied with all of the Sex Offender Registration laws of the State of Illinois, prior to the date of the adoption of the ordinance from which this section is derived.

D.

The site in the Child Safety Zone, as specified herein, within one thousand five hundred (1,500) feet of the permanent or temporary residence of the sex offender was opened after the sex offender established the permanent or temporary residence and complied with all sex offender registration laws.

E.

The information on/in the database is incorrect, and if corrected, this section would not apply to the person who was erroneously listed on/in the database.

F.

The sex offender was a minor when they committed the offense requiring database registration and was not convicted as an adult.

G.

The sex offender is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution located within one thousand five hundred (1,500) feet of the real property comprising the Child Safety Zone.

H.

The sex offender is under eighteen (18) years of age or a ward under a guardianship, who resides with a parent or guardian.

I.

The sex offender has been exempted by a court order from the database as a sex offender.

J.

The sex offender has had the offense for which the database registration was required, reversed on appeal, or pardoned.

K.

The sex offender's duty to register on/in the database has expired.

L.

Nothing in this section shall require any person to sell or otherwise dispose of any real estate, building, structure, trailer, mobile home, or place owned prior to the conviction of the person as a sex offender.

(Zoning Ord. 2009, § 17.056.040)

A.

If a sex offender that is prohibited from being in a Child Safety Zone is found in a Child Safety Zone by a police officer, the sex offender is subject to enforcement in accordance with this section as well as any other enforcement provisions of the City's Municipal Code.

B.

It shall be prima facie evidence that this section applies to such a person if that person's record appears in/on the database and the database indicates that the victim was less than eighteen (18) years of age.

C.

The distance of one thousand five hundred (1,500) feet from a Child Safety Zone shall be measured on a straight line from the closest property boundary line of the sex offender's residence to the closest property boundary line of the Child Safety Zone.

D.

In the case of multiple residences on one property, measurement shall be from the nearest property boundary line of the residences to the nearest property boundary line of the Child Safety Zone.

E.

In cases of a dispute over measured distances, it shall be incumbent upon the person challenging the measurement to prove otherwise.

F.

A map depicting the prohibited areas shall be created by the City and maintained by the Police Department. The City shall review the map annually for changes. Said map will be available to the public at the Police Department or available on the City's website or Police Department website.

(Zoning Ord. 2009, § 17.056.050)

A.

It is unlawful for any person to lease, rent, or allow the use of any place, structure, trailer, or mobile home with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this section, if such place, structure, trailer, or mobile home is located within a Child Safety Zone.

B.

Failure to comply with this section shall subject that person to enforcement provisions in accordance with this section, as well as any other enforcement provisions of the City's Municipal Code.

(Zoning Ord. 2009, § 17.056.060)

Enforcement of this section shall be pursuant to any available and applicable provisions of the City's Zoning Code and without any one remedy serving to exclude or waive any other remedy provided for in the City's Zoning or Municipal Codes.

(Zoning Ord. 2009, § 17.056.070)