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Introduced by Council Member Redman:
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ORDINANCE 2010-836
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AN ORDINANCE REGULATING SEXUAL OFFENDERS AND
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SEXUAL PREDATORS; MAKING FINDINGS; CREATING A
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NEW CHAPTER IN ARTICLE XIX (PUBLIC SAFETY),
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ORDINANCE CODE, TO WIT: CHAPTER 685
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OFFENDER
AND
SEXUAL
PREDATOR
REGULATION);
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RENUMBERING
SECTIONS
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674.503
BE
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EMERGENCY
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OFFENDERS NOTIFICATION REQUIREMENTS), 685.102
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(SEXUAL PREDATORS RESIDENCY REQUIREMENTS), AND
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685.103
(REGISTRATION
FEE)
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CREATING
A
685.104
(PROHIBITED
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HOLIDAY
ACTIVITY
SEXUAL
OFFENDERS;
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EXCEPTIONS) TO REGULATE THE DRESS AND CONDUCT
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OF
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AROUND
CHILDREN
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SEXUAL
OFFENDERS
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PARTICIPATING IN HOLIDAY ACTIVITIES THAT WOULD
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PRESENT
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OFFENDERS
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VIOLATE THE TRUST OF THE CHILDREN OF THE CITY
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OF
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SIGNAGE AND OTHER RESPONSIBILITIES FOR SEXUAL
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OFFENDERS
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PROVIDING PENALTIES; PROVIDING FOR CONFLICTS;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
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EFFECTIVE DATE.
TO
674.501,
(SEXUAL
SECTIONS
SHELTERS;
SEXUAL
NEW
FOR
OFFENDERS
AND
AND
HOLIDAYS;
PREDATORS
PREDATORS
PROHIBITING
PREDATORS
PREDATORS
PROVIDING
AND
RESPECTIVELY;
SEXUAL
SEXUAL
AND
(TEMPORARY
PREDATORS
OPPORTUNITIES
SEXUAL
JACKSONVILLE;
AND
AND
DURING
INCREASED
685.101
SEXUAL
SECTION
674.502,
FOR
TO
FOR
DURING
FROM
SEXUAL
GAIN
AND
RESIDENTIAL
HALLOWEEN;
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WHEREAS, the City Council of the City of Jacksonville, has the
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power to carry on county government to the extent not inconsistent
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with general or special law pursuant to its Charter and per Florida
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Statutes Section 125.01; and
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WHEREAS,
counties
may
adopt
ordinances
and
resolutions
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necessary for the exercise of its powers and prescribe fines and
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penalties for the violation of ordinances in accordance with law;
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and
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WHEREAS, pursuant to Sections 775.21, 943.0435, and 944.607,
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Florida Statutes, sexual offenders and sexual predators must report
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in person to the local Sheriff’s Office within 48 hours of release
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from
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Corrections,
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Department
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permanent address; and
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custody,
of
control
and/or
Department
Juvenile
of
supervision
Children
Justice
to
and
register
of
Department
of
Services
or
temporary
or
Family
their
WHEREAS, studies show 1 in 5 girls and 1 in 10 boys will be
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sexually
victimized
before
adulthood
(D.
Finkelhor,
“Current
18
Information on the Scope and Nature of Child Sexual Abuse.” The
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Future of Children: Sexual Abuse of Children, 1994, volume 4, page
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37.); and
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WHEREAS, the Supreme Court has found there is a substantial
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rate of recidivism among sexual offenders, (Smith v. Doe, 538 U.S.
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84, 103(U.S. 2003)); and
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WHEREAS, the Supreme Court has found sexual offenders are a
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dangerous
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concern, (Smith v. Doe, 538 U.S. 84, 103 (U.S. 2003)); and
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class
and
that
their
high
recidivism
poses
a
grave
WHEREAS, the Supreme Court has found the prevention of sexual
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exploitation
and
abuse
of
children
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objective of surpassing importance (New York v. Ferber, 458 US.
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747, 757 (U.S. 1982)); and
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constitutes
a
governmental
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WHEREAS, as of 2008, there were 50,393 known registered sexual
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offenders and/or sexual predators (National Center for Missing and
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Exploited Children, 2008) in the State of Florida; and
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WHEREAS, there are believed to be over 1,650 known registered
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sexual
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Jacksonville (Florida Department of Law Enforcement, April, 2009.);
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and
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offenders
WHEREAS,
and/or
Halloween
sexual
and
predators
other
in
holiday
the
City
activities
of
present
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increased opportunities for sexual offenders and sexual predators
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to gain and violate the trust of the children of the City of
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Jacksonville; and
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WHEREAS,
certain
activities
including,
but
not
limited
to
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partying and the distribution of candy, lure children to the homes
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of sexual offenders and sexual predators; and
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WHEREAS, limiting children’s contact with sexual offenders and
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sexual predators will increase children’s safety and well-being;
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and
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WHEREAS,
to
the
City
Council
promoting
the
of
the
general
City
welfare
of
Jacksonville
and
safety
of
is
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committed
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children of the City of Jacksonville by limiting children’s contact
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with sexual offenders and sexual predators; now therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
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cited
as
the
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Ordinance.”
Title.
“City
the
This Ordinance shall be known and may be
of
Jacksonville
Holiday
Child
Protection
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Section 2.
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(a)
28
findings
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legislative findings and conclusions to support adoption of this
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Ordinance. Those recitals are incorporated herein as if fully set
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forth in this section.
The
set
Legislative Findings and Intent.
Council
forth
in
of
the
the
City
recitals
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of
to
Jacksonville
this
adopts
Ordinance
as
the
the
1
(b)
The Council of the City of Jacksonville hereby finds and
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determines that sexual predators and sexual offenders present an
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extreme threat to the public health, safety, and welfare of the
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children of the City of Jacksonville. Sexual offenders and sexual
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predators are extremely likely to use physical violence and repeat
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their
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victims
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fraction of their crimes. This makes the cost of sexual predator
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and
offenses,
than
sexual
and
are
most
ever
offender
commit
many
reported,
offenses,
and
victimization
are
to
have
prosecuted
society
at
many
for
more
only
large,
a
while
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incalculable, clearly exorbitant and a drain on the resources of
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society.
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(c)
It is the sole intent of this Ordinance to reduce the
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potential risk of harm to children of the community by limiting the
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opportunity for sexual offenders and sexual predators to be in
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contact with unsuspecting children.
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Section 3.
Chapter
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Chapter 685 (Sexual Offender and Sexual Predator Regulation), which
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shall read as provided for in this ordinance.
and
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5
25
Predators)
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Emergency) are hereby renumbered to Chapter 685 (Sexual Offender
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and
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emergency
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requirements), 685.102 (Sexual predators residency requirements),
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and 685.103 (Registration Fee) respectively.
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now renumbered sections 674.501, 674.502, and 674.503 are on file
Sexual
Chapter
Predator
shelters;
674
(Disaster
Regulation)
sexual
Sexual
as
predators
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674
(674
Sexual
Preparedness and Civil Emergency) renumbered. The sections of Part
Against
Chapter
new
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Measures
of
Against
a
Offenders
of
Predators)
Measures
created
22
(Protective
Sexual
(Protective
hereby
Sexual
Chapter of Article XIX (Public Safety), Ordinance Code, to wit:
5
is
and
18
Part
There
Offender
Predator
Section 4.
Created.
(Sexual
17
21
Regulation)
685
Offenders
and
Preparedness
Sections
and
and
685.101
offenders
Disaster
Sexual
Civil
(Temporary
notification
A copy of former and
1
with the Chief of Legislative Services.
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Section 5.
New
685.104
for
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created.
There is hereby created a new section 685.104 (Prohibited
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Holiday Activity for Sexual Offenders; Exceptions), Ordinance Code,
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to read as follows.
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Sec. 685.104
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Exceptions.
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Exceptions),
Holiday
Activity
(a)
Offenders;
(Prohibited
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9
Sexual
section
Ordinance
Code,
Prohibited Holiday Activity for Sexual Offenders;
Holiday
Prohibitions
and
requirements
for
Sexual
Offenders; Exemption.
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(1)
It is unlawful for any Sex Offender to participate
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in a holiday event or practice involving children under 18 years of
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age,
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Valentine’s
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event.
such
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as
distributing
Day,
(2)
candy
Halloween,
or
other
Christmas
items
or
any
to
children
on
holiday
or
other
It is unlawful for any Sex Offender to wear costumes
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for the primary purpose of entertaining, attracting, or encouraging
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interaction with children.
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(3)
Any
person
designated
a
Sex
Offender
shall
be
required on October thirty-first of each year to:
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(i)
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children;
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(ii) Post a sign at his or her residence stating,
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“No candy or treats at this residence”;
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(iii)
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during the evening hours after 5 p.m., and exhibit
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no
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residence
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residence.
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(4)
offender
is
Avoid
Leave
exterior
Holiday
the
all
all
to
or
outside
decorations
events
parent
Halloween
attract
or
related
residential
on
or
the
guardian
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of
in
the
which
off
Offender’s
children
child
with
lighting
Sexual
entice
practices
contact
to
the
or
the
sexual
children
1
involved,
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exempt from this section.
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(b)
where
no
Definitions.
non-familial
children
are
present,
are
The following terms are defined as follows
for the purposes of this section:
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6
and
(1)
Child,
children,
or
minor
shall
mean
individuals
whose chronological age is less than eighteen (18) years.
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(2)
Sex offender, for the purpose of this section, shall
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mean an individual who is registered or obligated to be registered
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by any state or federal agency as either a sexual offender or
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sexual
predator
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published on any state or federal registered sexual offender or
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sexual predator listing, including, but not limited to the sexual
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offenders
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943.0435; 775.21; and 944.607, Florida Statutes.
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and
(3)
and
sexual
whose
name is
predators
published
registry
or
required
established
in
to
be
Section
Participation is to be defined as attendance at, or
taking part of, or cooperation with an event.
(c)
Penalties.
With regard to enforcement of this section,
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The City and the Sheriff’s Office may pursue any enforcement action
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or legal remedy available under the controlling state law and any
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legal remedy available to the City, to include, but not limited to,
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injunctive relief, arrest, a fine not exceeding $500.00 for each
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occurrence, or by imprisonment for a term not exceeding sixty (60)
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days or by both a fine and imprisonment for each occurrence, unless
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prohibited by law. For the purposes of administrating and enforcing
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this section, the Sheriff or Sheriff’s designee, is authorized to
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adopt policies and guidelines not inconsistent with this section.
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(d)
Separate
violations.
Each
separate
occurrence
of
any
conduct prohibited by this section shall be a separate violation.
(e)
Countywide Applicability.
This is an ordinance of county
wide applicability, enforceable throughout Duval County.
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(f)
Preemption.
In the event any state or federal law is
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enacted which is more restrictive in nature than the provisions of
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this section, those portions of this section which are in conflict
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with the state or federal law will cease to be in effect.
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(g)
Severability.
If
any
section,
subsection,
sentence,
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clause, phrase, or provision of this section is held invalid or
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unconstitutional by a court of competent jurisdiction, such portion
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shall become a separate provision and will not affect the validity
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of the remaining portions of this section. The City of Jacksonville
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further
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adopted if such unconstitutional provision was not included.
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declares
Section 5.
its
intent
that
Effective Date.
this
section
would
have
been
This ordinance shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor’s signature.
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Form Approved:
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/s/
Margaret M. Sidman
_
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Office of General Counsel
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Legislation Prepared By: Steven E. Rohan
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G:\SHARED\LEGIS.CC\2010\ord\Redman Halloween Sex Offenders.doc
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