§ 685.104. Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions.

(a)

Prohibitions and requirements for Sexual Offenders and Sexual Predators; Exemption.

(1)

It is unlawful for any Sexual Offender or Sexual Predator to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children.

(2)

It is unlawful for any Sexual Offender or Sexual Predator to wear costumes, clothing, make-up, mask or anything that would alter a person's appearance in the presence of any non-familial child if such altered appearance could or would entice, attract or lure a child to congregate around, or move closer to, that person.

(3)

Any person designated a Sexual Offender or Sexual Predator shall:

(i)

Avoid all Halloween related contact with children;

(ii)

From 6:00 a.m. to 11:59 p.m., on October 31 (or any other day on which Halloween is celebrated) post a sign at his or her residence, including a vessel, or vehicle, stating, "No candy or treats here." Such signs shall be in letters at least two inches high and shall be legible on the property leased, rented, owned or occupied by the Sexual Offender or Sexual Predator, and clearly visible from the street, waterway, or any property that is open to public access. The signs may be removed after 11:59 p.m. on October 31, or the day on which Halloween is celebrated.

(iii)

Except for lighting provided on a year-round basis by the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, leave all outside residential lighting off during the evening hours after 5:00 p.m. on October 31 (or any other day on which Halloween is celebrated).

(iv)

Not place or allow any display, including but not limited to displays for any nationally or locally recognized holiday or seasonal event or practice, to be visible from the exterior of any Sexual Offender's or Sexual Predator's residence, including a vehicle or vessel, or on any property which is leased, rented, owned or occupied by such person, if such display is primarily targeted to entice, attract, or lure a child onto any residence or property, or onto or nearer to any vehicle or vessel rented, owned or occupied by such person. Enforcement of this section shall not be limited to the actual calendar date of any given nationally or locally recognized holiday or seasonal event or practice.

(4)

The following is a list of exemptions for Sexual Offenders or Sexual Predators from this section. During any nationally or locally recognized holiday or seasonal event or practice:

(i)

The Sexual Offender or Sexual Predator may attend if such person is the parent or guardian of the child or children involved and only those familial children are present;

(ii)

The Sexual Offender or Sexual Predator may attend if the event is held in a location such as a personal residence which would not be attracting or enticing to non-familial children to attend (prohibited locations include, but are not limited to family gatherings in parks, pools, or other locations or places where children could be lured); or

(iii)

The Sexual Offender or Sexual Predator is not present at the event location although such location may be owned, leased, rented or occupied by such person.

(b)

Definitions. The following terms are defined as follows for the purposes of this section:

(1)

Child, children, or minor shall mean individuals whose chronological age is less than 18 years.

(2)

Sexual Offender or Sexual Predator shall mean an individual who is registered or obligated to be registered by any state or federal agency as either a sexual offender or sexual predator and whose name is published or required to be published on any state or federal registered sexual offender or sexual predator listing, including, but not limited to the sexual offenders and sexual predators registry established in F.S. §§ 943.0435, 775.21, and 944.607.

(3)

Participate is defined as attend, take part in, or cooperate with the organization of an event.

(4)

Display is defined as any decoration including, but not be limited to, lighting, figurines, posters, artwork, crystals, bales of hay, scarecrows, etc. which is visible to the public in plain view and is primarily targeted toward children.

(5)

Practices means to carry out or perform any particular activity or method that may celebrate or recognize a particular season, customs or beliefs.

(6)

Non-familial children is defined as those children who are not related to the Sexual Offender or Sexual Predator through biological means, marriage, or adoption.

(c)

Penalties. With regard to enforcement of this section, the City and the Sheriff's Office may pursue any enforcement action or legal remedy available under the controlling state law and any legal remedy available to the City, to include, but not limited to, injunctive relief, arrest, a fine not exceeding $500.00 for each occurrence, or by imprisonment for a term not exceeding 60 days or by both a fine and imprisonment for each occurrence, unless prohibited by law.

(d)

Separate violations. Each separate occurrence of any conduct prohibited by this section shall be a separate violation.

(e)

Countywide Applicability. This is an ordinance of Countywide applicability, enforceable throughout Duval County.

(f)

Preemption. In the event any state or federal law is enacted which is more restrictive in nature than the provisions of this section, those portions of this section which are in conflict with the state or federal law will cease to be in effect.

(g)

Severability. If any section, subsection, sentence, clause, phrase, or provision of this section is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall become a separate provision and will not affect the validity of the remaining portions of this section. The City of Jacksonville further declares its intent that this section would have been adopted if such unconstitutional provision was not included.

(Ord. 2010-836-E, § 5; Ord. 2015-214-E , § 1; Ord. 2016-233-E , § 1)