Title
Ordinance NO. 26-04 Creating a new Section 113 (Residence Restrictions For Sexually Violent Predators) of Article 2 (Offenses Affecting Public Safety) Of Chapter 9 (Public Offenses) of The City of Colorado Springs 2001, As Amended, Pertaining to Residency Restrictions for Sexually Violent Predators and Providing Penalties for the Violation Thereof
Presenter:
Tom Bailey, Councilmember District 2
Deputy Chief John Koch, CSPD
Body
Summary:
The Ordinance creates a new Section 9.2.113 of the City Code establishing residency restrictions for individuals designated as sexually violent predators (SVPs). The ordinance prohibits SVPs from establishing a permanent or temporary residence within 1,000 feet of schools or licensed childcare facilities, while providing specific exemptions and enforcement standards.
Background:
Colorado law permits local governments to adopt residency restrictions for individuals designated as sexually violent predators. The proposed ordinance is intended to promote public safety by limiting residential proximity to locations where children regularly congregate, while recognizing the need for lawful housing options for individuals released into the community by state authorities.
Previous Council Action:
Closed Work Session, January 12th
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
Enter stakeholder process. Enter N/A if not applicable.
Alternatives:
N/A
Recommended Action
Proposed Motion:
Adopt Ordinance NO. 26-04 Creating a new Section 113 (Residence Restrictions For Sexually Violent Predators) of Article 2 (Offenses Affecting Public Safety) Of Chapter 9 (Public Offenses) of The City of Colorado Springs 2001, As Amended, Pertaining to Residency Restrictions for Sexually Violent Predators and Providing Penalties for the Violation Thereof
Summary of Ordinance Language
The Ordinance prohibits sexually violent predators from living permanently or temporarily within 1,000 feet of schools or licensed child-care facilities. It defines permanent residence as five or more consecutive days and temporary residence as fewer than five. It applies only to those designated sexually violent predators under Colorado law convicted of sexual assault on a child or an equivalent offense. Exemptions include residences established before the ordinance’s effective date; certain shelters and licensed community homes; placements by court order, parole, or in foster care; and situations where a school or child-care facility opens after the residence was established. Distance is measured in a straight line from property line to property line. Existing municipal penalties enforce any violations.