Miami - Dade County |
Code of Ordinances |
Chapter 21. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article XVII. THE LAUREN BOOK CHILD SAFETY ORDINANCE |
§ 21-280. Definitions.
The following terms and phrases when used in this article shall have the meanings ascribed to them in this section unless the context otherwise requires:
(1)
"Child" or "children" means any person(s) less than sixteen (16) years of age.
(2)
"Child care facility" means day nurseries, and family day care homes, licensed by the Department of Children and Families, and as defined in Section 33-151.11 of the Code.
(3)
"Child safety zone" means an area three hundred (300) feet extending from schools, child care facilities, parks, and school bus stops measured in a manner similar to the measurement of the residency restriction area provided in this ordinance.
(4)
"Convicted" or "conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to: a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.
(5)
"Legal guardian" or "guardian" shall mean biological or adoptive parent of a child registered at a child care facility or a person who is responsible for the care and maintenance of said child pursuant to Florida Statutes or similar laws of another jurisdiction.
(6)
"Park" means a County or municipal park excluding a park that includes a shooting range.
(7)
"Permanent residence" means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
(8)
"Reside" or "residence" means to have a place of permanent residence or temporary residence.
(9)
"School" means a public or private kindergarten, elementary, middle or secondary (high) school.
(10)
"Sexual offender" shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes.
(11)
"Sexual offense" means a conviction under Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145, Florida Statutes, or a similar law of another jurisdiction in which the victim or apparent victim of the sexual offense was less than sixteen (16) years of age, excluding Section 794.011(10), Florida Statutes.
(12)
"Sexual predator" shall have the meaning ascribed to such term in Section 775.21, Florida Statutes.
(13)
"Temporary residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(Ord. No. 05-206, § 2, 11-15-05; Ord. No. 10-01, § 2, 1-21-10)