Sec. 13-12. Sexual violator residency prohibition.
(a) It is unlawful for any "sexual violator," as that term is defined below, to reside within two thousand five hundred (2,500) feet of any school, day care center, public school bus stop, park or playground.
(b) A person who violates section 13-12(a) shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment.
(c) For purposes of this section, a "sexual violator" is any person who has been convicted of any felony sexual offense in any state in the United States at any time, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, as that term was applied and used by the state in which the person was convicted ("sexual offense").
(d) The provisions of section 13-12(a) shall not prohibit a person who, prior to August 17, 2005, was registered with the State of Florida as a sexual violator, sexual offender or sexual predator and whose registration shows an address within the city, from continuing to reside at the address even if it is within two thousand five hundred (2,500) feet of any school, day care center, public school bus stop, park or playground, as long as the person continues to reside at the address shown in the registration. This exemption shall not apply if the sexual violator is convicted of a subsequent sexual offense.
(e) The provisions of section 13-12(a) shall not prohibit a person who is registered with the State of Florida as a sexual violator, sexual offender or sexual predator from continuing to reside at his or her registered address solely because a school, day care center, public school bus stop, park or playground is subsequently built or established within two thousand five hundred (2,500) feet of his or her registered address.
(f) It shall be a violation of the city's code of ordinances for a landlord or owner of residential property in the city to rent or lease a residence to a sexual violator, if the sexual violator intends to reside at the property and if the property is located within two thousand five hundred (2,500) feet of a school, day care center, public school bus stop, park or playground, unless the landlord or owner can establish that, prior to entry of a lease, he or she used reasonable due diligence and was unable to determine that the tenant is a sexual violator. Any person violating this provision is subject to the code enforcement procedures set forth in Article XI, City of Miramar Code of Ordinances.
(Ord. No. 05-17, § 1, 8-17-05)
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