Section 4-3-1. Findings and Intent.

The City Council hereby finds that sexual predators and the specified sex offenders who use physical violence or who prey on children present an extreme threat to the public safety. Sexual predators and the specified sex offenders have a high rate of recidivism, making the cost of sex offender victimization to society at large extremely high. Removing such offenders from regular proximity to places where children are located and limiting the frequency of contact is likely to reduce the risk of an offense.

This Article is intended to serve the City's compelling interest to promote, protect and improve the public health, safety and welfare by creating areas, around locations where children regularly congregate in concentrated numbers, where sexual predators and specified sexual offenders are prohibited from establishing temporary or permanent residence.

[Source: Ord. 1833, 2022]

Section 4-3-2. Definitions. For purposes of this Article, the following terms shall have the following meanings:

Permanent Residence: A place where a person abides, lodges, or resides for five (5) or more consecutive days.

Registered Sex Offender: Any person who has been found to be a sexually violent predator pursuant to 18-3-414.5 C.R.S.; or any person required to register under the Colorado Sex Offender Registration Act, C.R.S. Section 16-22-101, et. seq. who has been: (i) convicted of a felony for an offense requiring registration, (ii) has multiple convictions for offenses requiring registration, or (iii) whose offense(s) requiring registration involved multiple victims.

Temporary Residence: A place where a person abides, lodges, or resides for a period of five (5) or more days in the aggregate during any calendar year and which is not the person's permanent residence, or a place where a person routinely abides, lodges, or resides for a period of five (5) or more consecutive or nonconsecutive days in any month and which is not the person's permanent address.

[Source: Ord. 1833, 2022]

Section 4-3-3. Prohibitions.

It shall be unlawful for any Registered Sex Offender to establish a permanent residence or temporary residence within seven hundred fifty (750) feet of any school, and five hundred (500) feet of any park, playground, licensed day care center, recreation center or swimming pool (other than pools located at private, single-family residences), or any property located adjacent to any designated public or private school bus stop.

Persons otherwise subject to this Article who had established a residence which would be in violation of the distance requirements set forth in subsection (a) above on or before the effective date of the Ordinance from which this Section derives, are hereby exempted from the provisions set forth herein in relation to such residence.

It is unlawful to let or rent any portion of any property, place, structure, trailer or other vehicle with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Article.

[Source: Ord. 1833, 2022]

Section 4-3-4. Exceptions. A person is not guilty of a violation of this Section if:

The person established the permanent or temporary residence prior to the effective date of this Article; provided, however, that this exception shall not apply if the person committed the offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this Article;

The person is placed in the residence pursuant to a State of Colorado foster care program; or

The school, designated public or private school bus stop, licensed day care center, park, playground, swimming pool, or recreation center was opened after the person established the permanent or temporary residence, and is not replacing an existing school, designated public or private school bus stop, licensed day care center, park, playground, swimming pool, or recreation center.

[Source: Ord. 1833, 2022]

Section 4-3-5. Measurement. For purposes of determining the minimum distance separation required herein, the measurement shall be made by following a straight line from the outer property line of the property on which the school, licensed day care center, park, playground, swimming pool or recreation center is located to the nearest point on the outer property line of the property on which the permanent or temporary residence is located.

[Source: Ord. 1833, 2022]