Chapter 8.20


8.20.010    Purpose.

8.20.020    Prohibited residences.

8.20.030    Exceptions.

8.20.040    Violation.

8.20.010 Purpose.

The purpose of this chapter is to promote the safety of children and other members of the community. (Ord. 2428 § 1, 2005).

8.20.020 Prohibited residences.

Any person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender, shall reside only within a zoning district which permits both residential uses and siting of secure community transition facilities, as shown in IMC 18.06.130, excluding those areas within said zoning districts within 1,000 feet of any public or private school or day care operation. For purposes of this chapter, public or private school includes all public and private elementary schools and secondary schools including but not limited to middle schools and high schools. (Elementary No. 14 on Park Drive, as now named or as hereafter may be renamed, shall be considered an established school as of August 16, 2005.) Day care operation shall have the same meaning as set forth in IMC 18.02.060, and shall include only such operations located within the City limits. (Ord. 2428 § 1, 2005).

8.20.030 Exceptions.

A. The prohibition in IMC 8.20.020 shall not apply to the following:

1. A resident of a secure community transition facility as defined in IMC 18.02.080.

2. A legal resident of a premises which otherwise becomes a restricted premises in the event a public or private school or day care operation is established after August 16, 2005; provided, however, that such exception shall not apply in the event the subject person either ceases to reside at the premises after the establishment of the public or private school or day care operation or pleads guilty or nolo contendere to or is found guilty of any sex offense or kidnapping offense after establishment of the public or private school or day care operation.

B. As used in this section, the terms “sex offense” and “kidnapping offense” shall have the same meaning as those terms are defined in RCW 9A.44.130(9). (Ord. 2428 § 1, 2005).

8.20.040 Violation.

Any person who violates any provision of this chapter shall have committed a civil infraction subject to a civil penalty pursuant to Chapter 1.06 IMC. In addition to any remedy available, the City may initiate injunction or abatement proceedings to prevent, enjoin, abate or terminate any violation under this chapter. (Ord. 2978 § 8 (Exh. A), 2022; Ord. 2428 § 1, 2005).