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 Bal Harbour
 Code of Ordinances
 Chapter 12. OFFENSES

  § 12-9. Sexual violator residency prohibition.

Latest version.

  • (a)

    It is unlawful for any "Sexual Violator", as that term is defined below, to reside within 1,300 feet of any park or playground. For purposes of this section, the beach area constitutes a "park."

    (b)

    A person who violates subsection 12-9(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 imprisonment.

    (c)

    For purposes of this subsection, 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 16 years of age, as that term was applied and used by the state in which the person was convicted.

    (d)

    The provisions of subsection 12-9(a) shall not prohibit a person who is registered with the State of Florida as a Sexual Violator, sexual offender or sexual predator whose registration shows an address within the Village prior to the effective date of this section from continuing to reside at the address even if it is within 1,300 feet of any park or playground.

    (e)

    The provisions of subsection 12-9(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 park or playground is subsequently built or established within 1,300 feet of his or her registered address.

    (f)

    It shall be a violation of the Village Code of Ordinances for a landlord or owner of residential property in the Village 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 1,300 feet of a 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 section 2-181 et seq., Village Code of Ordinances.

(Ord. No. 500, § 1, 7-19-05)