2005-11
ORDINANCE NO: 2005-11
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE
CITY OF AVENTURA, ENTITLED "GENERAL PROVISIONS", TO
ESTABLISH SECTION 1-16, ENTITLED "SEXUAL VIOLATOR
RESIDENCY PROHIBITION," PROHIBITING CONVICTED SEXUAL
VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF A VENTURA; PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the recent attacks on children by registered sex offenders within the State of
Florida has shed light upon the necessity of providing greater protection to children ITom the
risks posed by registered sex offenders; and
WHEREAS, the City Commission of the City of Aventura is deeply concerned about the
health, safety and protection of Aventura's children; and
WHEREAS, the City Commission of the City of Aventura believes it is of utmost
importance to provide Aventura's children with safe areas in which to live and play, and
therefore, the City Commission desires to establish a policy that will provide greater protection
to children against the dangers posed by registered sex offenders; and
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and § 166.021, Florida
Statutes, grant the City authority to adopt such provisions in order to protect the health, safety
and welfare of its residents; and
WHEREAS, the Eighth Circuit United States Court of Appeals recently issued an
opinion in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005) in which the
Court upheld similar residency restrictions adopted by the State of Iowa, and found the
restrictions to be valid; and
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WHEREAS, the U.S. Department of Justice conducted a study titled Recidivism of Sex
Offenders Released from Prison in 1994 (November 2003), and the Center for Sex Offender
Management (along with the Office of Justice Programs, National Institute of Corrections, and
the State Justice Institute) published a study entitled Recidivism of Sex Offenders (May 2001),
and both studies suggested that there is an increased risk of recidivism for persons convicted of
sexual offenses; and
WHEREAS, the City Commission finds that the creation of a Sexual Offender
Residency Prohibition section in the City Code of Ordinances to prohibit convicted sex offenders
ITom living within two thousand five hundred (2,500) feet of specified locations in the City of
A ventura is in the best interest of the health, safety and welfare of the residents and citizens of
the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted.
That each of the above stated recitals is hereby
adopted and confirmed.
Section 2.
Code Amended.
That Chapter 1 of the Code of Ordinances of the City
of A ventura is hereby amended by creating Section 1-16 "Sexual violator residency prohibition" to
read, as follows:
Sec. 1-16.
Sexual violator residency prohibition.
íA.)
It is unlawful for any "Sexual Violator". as that term is defined below. to reside
within 2.500 feet of anv school. day care center. Dublic school bus stoD. Dark or
DlavlITound.
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A person who violates Section l-16(A) shall be punished by a fine not exceeding
$500.00 or by imprisonment for a term not exceeding 60 days. or by both such
fine and imDrisonment.
For Durooses of this section. a "Sexual Violator" is any Derson who has been
convicted of anv felonv sexual offense in anV state in the United States at anv
time. regardless of whether adjudication has been withheld. in which the victim of
the offense was less than 16 vears of age. as that term was aDDlied and used by the
state in which the Derson was convicted.
The Drovisions of Section 1-16(A) shall not Drohibit a Derson who is registered
with the State of Florida as a Sexual Violator. sexual offender or sexual Dredator
whose registration shows an address within the City Drior to the effective date of
this Section ITom continuing to reside at that Drecise address even if it is within
2.500 feet of any school. dav care center. Dublic school bus stoD. Dark or
Dlayground.
The Drovisions of Section l-16(A) shall not Drohibit a Derson who is registered
with the State of Florida as a Sexual Violator. sexual offender or sexual oredator
ITom continuing to reside at his or her registered address solelv because a school.
dav care center. Dublic school bus stOD. Dark or Dlavground is subseauentlv built
or established within 2.500 feet of his or her registered address.
It shall be a violation of the Citv's Code of Ordinances for a landlord or owner of
residential DroDerty in the City to rent or lease a residence to a Sexual Violator. if
the Sexual Violator intends to reside at the DroDerty and if the Droperty is located
within 2.500 feet of a school. dav care center. Dublic school bus stOD. Dark or
Dlavground. unless the landlord or owner can establish that. Drior to entrv of a
lease. he or she used reasonable due diligence and was unable to determine that
the tenant is a Sexual Violator. Any Derson violating this Drovision is subiect to
the code enforcement Drocedures set forth in Article V. "Code Enforcement" of
ChaDter 2 of the City Code.
The two thousand five hundred (2.500) distance shall be measured in a straight
line from the outer boundary of the real DroDertv UDon which the residential
dwelling unit of the Sexual Violator is located to the nearest boundary line of the
school. day care center. Dublic school bus stoD. Dark or Dlayground. The distance
may not be measured bv a Dedestrian route or automobile route. but instead shall
be measured as the shortest straight line between the two Doints. without regard to
anv intervening structures or obiects. Without otherwise limiting the foregoing
measurement instructions. under those circumstances in which the residential
dwelling unit of the Sexual Violator is within a cooDerative. condominium. or
aDartment building. the Darcel of real DroDerty described in this DaragraDh above
shall consist of the Darcel or parcels of real oroDerty upon which the cooDerative.
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condominium or aDartment building which contains the residential dwelling unit
of the Sexual Violator is located.
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Each day that a violation of this Section continues to exist shall constitute a
separate offense. Dunishable as set forth in this Section.
Section 3.
Seyerabilitv.
That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4.
Inclusion in Code.
That it is the intention of the City Commission of
the City of Aventura, and it is hereby ordained that the provisions of this ordinance shall become
and be made part of the Code of the City of A ventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "Ordinance" may be
changed to "Section" or other appropriate word.
Section 5.
Effective Date.
That this Ordinance shall take effect immediately upon
its adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put
to a vote, the vote was as follows:
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Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner 1uz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
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yes
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yes
The foregoing Ordinance was offered by Commissioner
Weinberl!:
who
moved its adoption on second reading. This motion was seconded by Commissioner
Holzberg
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner 1uz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
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yes
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PASSED AND ADOPTED on first reading this ~ day of July, 2005.
PASSED AND ADOPTED on second reading this -.lLday of ~, 2005.
City Attorney
Sexual Offender - V3 (3).doc
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