CITY OF ELY

LINN COUNTY, IOWA

 

ORDINANCE #182

AN ORDINANCE PROHIBITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A PUBLIC PARK. PUBLIC PLAYGROUND OR PUBLIC LIBRARY

 

            SECTION 1.  PURPOSE.  The purpose of this Ordinance is to provide for the safety and well being of all citizens of Ely.

 

SECTION 2.  DEFINITIONS.  For the purpose of this ordinance the following shall be defined as shown herein:

A.    Sex Offender – A person who has been convicted of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor as set out in Chapter 692A of the Code of Iowa.

B.    “Public Library” – A room or building owned by the city of Ely where a collection of books, periodicals, musical scores and similar materials are kept for reading or reference.

C.    “Public Park” any area of land owned by the City of Ely, Linn County, the State of Iowa, or any other governmental entity set apart for the recreation of the public.

D.    “Public Playground” – Any area of land owned by the City of Ely, Linn County, the State of Iowa, or any other governmental entity used for outdoor games and recreation.

 

SECTION 3.  RESIDENCY RESTRICTED.  A Sex Offender shall not reside within two thousand feet (2,000’) of the real property comprising a public park, public playground, or a public library.

 

SECTION 4.  MUNICIPAL INFRACTION.  A Sex Offender who resides within two thousand feet (2,000’) of the real property comprising a public park, public playground, or public library commits a Municipal Infraction, subject to penalty as set out in Chapter 3 of the Ely Code of Ordinance.

 

            SECTION 5.  EXCEPTIONS.  A Sex Offender residing within two thousand feet of the real property comprising a public park, public playground, or public library does not commit a violation of this Ordinance if any of the following apply:

 

  1. The Sex Offender is required to serve at a jail, prison, juvenile facility, or other correctional institution or facility.
  2. The Sex Offender is subject to an order of commitment under Chapter 229A of the Code of Iowa.
  3. The Sex Offender has established a residence prior to October 1, 2005, the effective date of this ordinance.
  4. The Sex Offender is a minor or a ward under guardianship.

 

SECTION 6. REPEALER CLAUSE.  Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.

 

SECTION 7.  SEVERABILITY.  If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, 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 8.  EFFECTIVE DATE.  This ordinance shall be in effect from and after it’s final passage, approval, posting and publication as required by law. 

 

Introduced this 27th day of September, 2005, and adopted by the City Council of the City of Ely, Iowa this 27th day of September, 2005.

 

                                                                                                                                                                                                                                    Dale Stanek, Mayor

 

Attest:

                                                                       

Aaron Anderson, Clerk/Administrator

 

 

 

I certify the foregoing was posted and published as Ordinance #182 on the 1st day of October, 2005, as required by law.

 

                                                           

Aaron Anderson, Clerk/Administrator