NOTICE Notice is hereby given that the Rushville City Common Council adopted Ordinance 2018-11 on June 19, 2018. Said Ordinance is as follows: AN ORDINANCE AMENDING CHAPTER 94, PARKS, RECREATION AND PUBLIC PROPERTY PROHIBITING CONVICTED SEX OFFENDERS AND PERSONS CONVICTED OF DEALING IN CONTROLLED SUBSTANCES WITHIN THE PARKS AND PARK FACILITIES AS DESCRIBED HEREIN, AMENDING CHAPTER 94 TO INCLUDE SECTION 94.05 WHEREAS, the City has found it necessary to enact rules and regulations relating to access of persons required to and/or listed on the Indiana State Sex Offender Registry, persons convicted of sex-related crimes, persons convicted of indecent acts, and persons convicted of dealing in controlled substances in all parks and recreational facilities located within the City of Rushville. A.It shall be unlawful for any person deemed to be an offender against children and required to register under I.C. 11-8-8 or who has been found by a court to be a sexually violent predator under I.C. 35-38-1-7.5, or the law of any jurisdiction that identifies the person as being likely to repeatedly commit a sex offense, or who has been convicted of one (1) or more of the following offenses, to be within or upon any municipally-owned public park, recreation facility, sports field or facility, or pathway or drive or trail within a municipal park under the jurisdiction, owned and/or operated by the City and/or its Parks and Recreation Department. However, this section shall not apply to any person whose name has been removed from the registry by act of a court or by expiration of the term such person is required to remain on the registry pursuant to I.C. 11-8-8, or to any person who is within or upon such property for the purposes of attending any electoral polling place for the purpose of voting, or campaigning for any candidate for political office at such electoral polling place, or attending an organized gathering for a political purpose. 1.Rape (I.C. 35-42-4-1); 2.Criminal deviate conduct; 3.Child molesting (I.C. 35-42-4-3); 4.Child exploitation (I.C. 35-42-4-4(b)); 5.Vicarious sexual gratification in the presence of a minor (I.C. 35-42-4-5); 6.Child solicitation (I.C. 35-42-4-6); 7.Child seduction (I.C. 35-42-4-7); 8.Sexual battery (I.C. 35-42-4-8); 9.Sexual misconduct with a minor (I.C. 35-42-4-9); 10.Kidnapping (I.C. 35-42-3-2), if the victim is less than eighteen (18) years of age; 11.Public indecency/indecent exposure (I.C. 35-45-4-1); 12.Public nudity (I.C. 35-45-4-1.5); 13.Prostitution (I.C. 35-45-5-2); 14.Patronizing a prostitute (I.C. 35-45-4-3); 15.Voyeurism (I.C. 35-45-4-5); 16.An offense in another jurisdiction that is substantially similar to an offense described in divisions (1) through (15) above. B.1. A person who violates any provision of this section shall be guilty of an infraction punishable by: a. A penalty of five hundred dollars ($500.00) for a first violation. b. A penalty of up to twenty-five hundred dollars ($2,500.00) for each additional violation thereafter. 2. If, after multiple violations by the same person, the City Attorney and the Rushville Police Department have reason to believe that the imposition of penalties will not be effective in enforcing this section, the City shall be empowered to seek any other remedies provided by law. CONFLICT OF SECTIONS:All other sections of the previous Ordinances and Amendments that are not in conflict shall remain in full force and effect. SEVERABILITY OF PROVISIONS:If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to the other circumstances shall not be affected thereby. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF RUSHVILLE, INDIANA this Ordinance will be in full force and affect from and after its passage and signature by the City Council of the City of Rushville, Indiana, and as provided by law, and upon any further requirements under Indiana law. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF RUSHVILLE, INDIANA, THIS 19th DAY OF June, 2018 with 5 ayes and 0 nays. Ann L. Copley, Clerk-Treasurer RR-170 June 26 hspaxlp
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