§ 13-72. Prohibited residences of certain sex offenders and sexual predators.

(a)

It is prohibited and unlawful for any person who has been convicted of a violation of F.S. § 794.011, § 800.04, § 827.071, § 847.0135(5) or § 847.0145, or a similar law of another jurisdiction, regardless of whether adjudication has been withheld, when the victim of the offense for which the conviction resulted was under sixteen (16) years of age at the time the offense was committed, to establish a permanent residence or temporary residence located within the City of South Daytona when such residence is located within two thousand five hundred (2,500) feet of any school, child care facility, park or playground regardless of whether the school, child care facility, park or playground is located within the city limits of the City of South Daytona, and within the city limits of an adjacent city or within the unincorporated area of Volusia County.

(b)

For the purpose of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the parcel of real property upon which a school, child care facility, park or playground.

(c)

A person residing within two thousand five hundred (2,500) feet of any school, child care facility, park or playground does not commit a violation of this article if any of the following apply:

(1)

The person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21, § 943.0435 or § 944.607 prior to the effective date of the ordinance from which this article is derived.

(2)

The person was a minor when he/she committed the offense and was not convicted as an adult.

(3)

The person is a minor.

(4)

The school, child care facility, park or playground was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21, § 943.0435 or § 944.607.

(5)

The person was convicted within the State of Florida for violation of F.S. § 794.011, § 800.04, § 827.071, § 847.0135(5) or § 847.0145 prior to October 1, 2004.

(6)

The person was convicted outside the State of Florida for a violation similar to F.S. § 794.011, § 800.04, § 827.071, § 847.0135(5) or § 847.0145 prior to May 26, 2010.

(Ord. No. 14-02, § 1, 2-25-14)