EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Branch
A BILL ENTITLED
AN ORDINANCE concerning
Title
Registered Sex Offenders - Residence Near Schools, etc., Prohibited
FOR the purpose of prohibiting a registered sex offender from residing within a certain distance of a school, child care facility, or certain recreation or service facilities; defining certain terms; imposing certain penalties; excepting certain situations; and generally relating to prohibiting a registered sex offender from residing near locations where children congregate.
Body
BY adding
Article 19 - Police Ordinances
Section(s) 39-1 through 39-5, to be under the new subtitle,
"Subtitle 39. Registered Sex Offenders".
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
SUBTITLE 39. REGISTERED SEX OFFENDERS
§ 39-1. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(B) REGISTERED SEX OFFENDER.
"REGISTERED SEX OFFENDER" MEANS ANY PERSON WHO IS REGISTERED UNDER THE STATE CRIMINAL PROCEDURE ARTICLE TITLE 11 {"VICTIMS AND WITNESSES"}, SUBTITLE 7 {"REGISTRATION OF CERTAIN OFFENDERS"}.
(C) RESIDE.
"RESIDE" MEANS TO OCCUPY A HOME OR DWELLING AS A PERMANENT OR TEMPORARY PLACE OF ABODE.
§ 39-2. RESIDING NEAR SCHOOLS, DAY CARE FACILITIES, AND PLAYGROUNDS, ETC., PROHIBITED.
A REGISTERED SEX OFFENDER MAY NOT KNOWINGLY RESIDE WITHIN 2,000 FEET, MEASURED FROM PROPERTY BOUNDARY LINE TO PROPERTY BOUNDARY LINE AT THEIR CLOSEST POINTS, OF ANY OF THE FOLLOWING:
(1) ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL;
(2) ANY FAMILY DAY CARE HOME, CHILD CARE HOME, CHILD CARE INSTITUTION, OR CHILD CARE CENTER REGISTERED OR LICENSED UNDER THE STATE FAMILY LAW ARTICLE TITLE 5 {"CHILDREN"}, SUBTITLE 5 {"CHILD CARE; FOSTER CARE"}; OR
(3) ANY PLAYGROUND, ATHLETIC FIELD, PARK, YOUTH CENTER, SWIMMING POOL, VIDEO ARCADE, SKATING RINK, OR OTHER PUBLIC OR PRIVATE FACILITY THE PRINCIPAL PURPOSE OF WHICH IS TO PROVIDE RECREATION OR SERVICES TO CHILDREN.
§ 39-3. EXCEPTION.
THIS SUBTITLE DOES NOT APPLY TO A RESIDENCE THAT THE REGISTERED SEX OFFENDER OWNED OR OCCUPIED BEFORE THE SCHOOL, CHILD CARE FACILITY, OR RECREATION OR SERVICE FACILITY WAS ESTABLISHED.
§ 39-4. {RESERVED}
§ 39-5. PENALTIES.
A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR IMPRISONMENT OF NOT MORE THAN 12 MONTHS OR BOTH.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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