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<br />temporary residence to nearest outer property line of a school, designated public school bus stop, day <br />care center, park, playground, or other place where children regularly congregate. <br /> <br />Section 5. <br /> <br />Penalties. <br /> <br />(a) A person who violates this section shall be punished by a fine not exceeding $500.00 or by <br />imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second <br />or subsequent conviction of a violation of this section, such person shall be punished by a fine not to <br />exceed $1,000.00 or imprisonment in the County jail not more than twelve (12) months, or by both <br />such fine and imprisonment. <br /> <br />(b) This section applies to any person convicted of a violation of Sections 794.011, 800.04, <br />827.071, or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld. <br /> <br />Section 6. Exceptions. A person residing within 2,500 feet of any school, designated public <br />school bus stop, day care center, park, playground, or other place where children regularly <br />congregate does not commit a violation of this section if any of the following apply: <br /> <br />(i) The person established the permanent residence prior to effective date of this <br />Ordinance. <br /> <br />(ii) The person was a minor when he/she committed the offense and was not <br />convicted as an adult. <br /> <br />(iii) The person is a minor. <br /> <br />(iv) The school, designated public school bus stop, or day care center within <br />2,500 feet of the person's permanent residence was opened after the person <br />established the permanent residence. <br /> <br />Section 7. Inclusion in the Code. It is the intention of the Commission, and it is hereby <br />ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles <br />Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such <br />intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as <br />required. <br /> <br />Section 8. <br />repealed. <br /> <br />Repealer. All Ordinances or parts of Ordinances in conflict or inconsistent are <br /> <br />Section 9. Severability. If any word, clause, phrase, sentence, paragraph or Section of this <br />Ordinance is held to be invalid by a court of competent jurisdiction, such declaration of invalidity <br />shall not affect any other word, clause, phrase, sentence, paragraph or Section of this Ordinance. <br /> <br />U :\LEGISTLA TION\Ordinances\2005\Sexual Predator Ordinance. doc <br /> <br />Page 3 of4 <br />