§ 58-234. Prohibited presence, loitering or prowling at certain locations.

(a)

It is prohibited for a predatory individual to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:

(1)

Permanent facilities during such times the permanent facility is being used by children or during such times when children congregate at the permanent facility except while in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from one of these permanent facilities or locations, or while attending an activity with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) at one of these permanent facilities or locations, or when attending an adults-only function at one of these permanent facilities or locations, or, if the facility is a school, while on the school grounds for a school-related activity with the permission of the school.

(2)

For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the permanent facility.

(3)

This prohibition does not apply to single trips while traveling past a location specified in this section while en route to another destination.

(4)

This prohibition does not apply to traveling to or from or attendance at religious services.

(5)

This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.

(6)

This prohibition does not apply to the predatory individual's place of residence when regulated by state law or by this article.

(7)

This prohibition does not apply to a predatory individual that is at a permanent facility when the facility is a voting or voter registration location and the predatory individual is present for the purposes of voting or registering during the hours designated for voting or registration process; this exception shall only apply to the time required for the predatory individual to complete the voting or registration process.

(b)

It is prohibited for a predatory individual to be on or within a safety zone for the following specified locations or to loiter or prowl upon locations adjacent to a safety zone:

(1)

Business or transient facilities that include day care centers and similar facilities, except while the predatory individual is in the process of dropping off or picking up his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian) from the facility, or while attending an activity at the facility with his or her own child or a friend or relative's child (with permission of the child's parent or legal guardian), or while on the facility grounds for a facility-related activity or transaction with the permission of the facility and provided the activity or transaction is completed expeditiously and without delay of any kind.

(2)

Business or transient facilities which include but are not limited to video arcades, transient carnivals, transient zoos, or other similar places where children congregate. This prohibited location includes the parking areas designated for use in connection with the business or transient facilities.

(3)

For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the business or transient facility.

(4)

This prohibition does not apply to single trips while traveling past a location specified in this section while en route to another destination.

(5)

This prohibition does not apply to traveling to or from or attendance at religious services.

(6)

This prohibition does not apply to traveling to or from or being at a government building for the purpose of conducting official business.

(7)

This prohibition does not apply to the predatory individual's place of residence when regulated by state law or this article.

(8)

This prohibition does not apply to a predatory individual that is at a business or transient facility when the facility is a voting or voter registration location and the predatory individual is present for the purposes of voting or registering during the hours designated for voting or registration process; this exception shall only apply to the time required to complete the voting or registration process.

(c)

For all activities involving the dropping off or picking up of a child or children, attending an activity involving a child or children, or traveling, attending services, or conducting official business, all as authorized above, the predatory individual may not remain or loiter any longer than is reasonably necessary to accomplish the task.

(Ord. No. 2015-07 , § 4, 6-23-2015)