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O-346-CCITY OF CLERMONT ORDINANCE • N0.346-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING SEC. 42-16 "PROHIBITED RESIDENCES FOR SEXUAL OFFENDERS" OF THE CLERMONT CITY CODE TO ADD LIBRARIES TO THE LIST OF SPECIFIED LOCATIONS AND TO RESTRICT INDIVIDUALS CONVICTED OF SEXUAL OFFENSES IN STATES OTHER THEN FLORIDA; PROVIDING FOR APPLICABILITY AND EFFECT UPON CURRENT RESIDENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, THAT: SECTION 1. LEGISLATIVE FINDINGS AND INTENT The legislative findings and intent as set forth in the recitals (whereas clauses) to Ordinance No. 345-C are hereby adopted as additional legislative findings to this Ordinance. • SECTION 2. SEC 42-16 "PROHIBITED RESIDENCES OF SEXUAL OFFENDERS" of the Clermont City Code is hereby amended to read as follows. Sec. 42-16. Prohibited Residences for Sexual Offenders (a) It is prohibited and unlawful for any person who has been convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145, Florida Statutes, or any equivalent or similar statute or law of another state, regardless of whether adjudication has been withheld, when the victim of the offense for which the conviction resulted was less than sixteen (16) years of age at the time the offense was committed, to reside in a residence located within the City of Clermont when such residence is located within two thousand five hundred feet (2,500') of any school, day care center, public park, playground li, brary or church or other place of religious assembly regardless of whether the school, day care center, public park, playground, library or church or other place of religious assembly lies within the incorporated limits of the City of Clermont or unincorporated Lake County . (b) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of a school, day care center, public park, playground or church or other place of religious assembly. (c) The provisions of this Ordinance shall not be applied to persons residing at a prohibited location on the effective date of this Ordinance such that it is not the intent of this • Ordinance to impair valid, existing and bona fide contract rights; provided, however, that the provisions of this Ordinance shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship or the expiration of a lease. When a person who is the subject of this Ordinance changes residences, this Ordinance shall fully apply to such persons. (d) The City may pursue any enforcement action or legal remedy available under controlling State law and any legal remedy available to the City to include, but not be limited to, a fine not exceeding $500.00 unless otherwise authorized by State law or by imprisonment for a term not exceeding sixty (60) days unless otherwise authorized by State law, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding one year, or by both such fine and imprisonment. SECTION 3. CONFLICTS. All Ordinances, resolutions, land development regulations or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional. SECTION 5. CODIFICATION. The provisions of Section 2 of this Ordinance shall be • codified as and become and be made a part of the Code of Ordinances of the City of Clermont. The Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Clermont as provided by law. First Reading on the 26th day of July 2005 Second Reading on the 9th day of August 2005 PASSED AND ORDAINED BY the City Council of the City of Clermont, Lake County, Florida on this day of _ 2005. Attest: TrnGy Ackro d, City Clerk ~~ CITY OF CLERMONT arold S. Turville, Jr., Mayor 2 4- q