City to pass new ordinance on sexual offenders

The city of Breckenridge passed the first reading of an ordinance that would limit where sexual offenders residing in the area can live in their February commissioners’ meeting. The ordinance lays out strict guidelines as to where registered sex offenders can set up permanent residency and is likely to be passed in March after its second reading.

Police Chief Larry Mahan was on hand at the February meeting to read out the ordinance and explain what it will mean. Mahan said he worked with the city attorney to write it.

“I think it’s a good, solid ordinance,” Mahan said.

The ordinance amends the city’s code and lists a number of locations where a registered sex offender cannot live within 1,000 feet of. It defines these locations as “child safety zones,” with a child being defined as anybody under the age of 17. According to the ordinance, the list includes:

•Public parks and playgrounds

•Private and public schools

•Public library

•Video arcades or other amusement arcades

•Indoor or outdoor amusement centers or amusement parks, or carnivals, circuses, fairs or fairgrounds

•Public, commercial and semi-private swimming pools and water parks

•Day care centers and nursery schools

•Public or private youth soccer, football or baseball field

•Crisis center or shelter

•Skating park or rink

•Public or private youth center

•Movie theater

•Bowling alley

•Scouting facilities

•Any public or private group, location or activity that regularly provides athletic, civic or cultural activities that includes as participants or recipients persons who are 17 years of age or younger, including, but not limited to, Frontier Days, National Night Out, vacation Bible schools and other public events held primarily for the benefit of children

•Offices for Child Protective Services

Currently, the city of Breckenridge has 23 registered sex offenders living within its city limits. Mahan spoke about the ordinance briefly at the city commissioners’ February meeting, saying it would not retroactively affect the offenders. Specifically, if a sex offender is already living near one of the specified locations when the ordinance goes into effect, they will not be required to move.

Other rules include an offender loitering within 300 feet of a child safety zone. A map will be created and maintained by the Breckenridge Police Department with all the zones offenders are forbidden from.

An ordinance with this intended effect has not existed in Breckenridge prior to this one, Mahan said. But it is not uncommon for cities to have these. Mahan referred to it as preemptive to protect children.

The ordinance will not go into effect until after it passes its second reading in March. Due to a fine being attached to the ordinance if it is violated, it is required to go through two readings at the city commissioners meetings. The second one will be in their March meeting. Mahan said while he waits for the next meeting he is sending out letters to the city’s offenders to let them know what the ordinance will mean for their living arrangements.

All in all though, Mahan feels confident in the ordinance. He said when writing an ordinance, there are several factors you have to consider, including whether it will stand up in court.

“You’ve got to look to see if it’s constitutional,” Mahan said. “If it’s not constitutional it’s going to get challenged …. This one has already been challenged is what I understand, so there is no problem.”