§ 47-2. Residence prohibitions for residence restricted sexual offenders; penalties.

(a)

It is unlawful for any person who is designated as a residence restricted sexual offender to reside within 2,500 feet of any school, child care facility, or public park.

(b)

The 2,500-foot distance shall be measured in a straight line from the outer boundary of the real property that comprises a sexual offender's residence to the nearest boundary line of the real property that comprises a school, child care facility, or public park. The distance may not be measured by a pedestrian route or automobile route, but instead as the shortest straight line distance between the two points.

(c)

It is unlawful for any residence restricted sexual offender to reside in the same dwelling unit or within separate dwelling units on a single lot, or within the same duplex or multi-family multiple dwelling use with another sexual offender unless related by marriage or consanguinity or unless permitted within an institution, rehabilitation facility or half-way house as provided in section 42-2(4) herein.

(d)

Institution, rehabilitation facility or half-way house. The provisions of section 42-2(3) shall not apply to inmates residing within the Okeechobee County Jail or a governmentally controlled correction or penal facility. A rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders may be permitted as a permitted principal use within a Public Service (PS) zoning district designated for that purpose or as a special exception within a Heavy Commercial (C-II), Light Industrial (I-1) or Heavy Industrial (L-2) zoning district as defined by section 2.03.00, Part II of this Code. The provisions of section 42-2(3) shall not apply to residents of such a lawfully permitted rehabilitation facility, half-way house, camp or retreat.

(e)

Penalties. A person who violates section 47-2(a) or section 47-2(c) herein shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for not more than 60 days or by both such fine and imprisonment.

(Ord. No. 2006-08, § 1, 11-21-06)