IA- Cascade repealing sex offender ordinance

It is amazing how many people think they are ABOVE the law, and get away with it....

10-5-2009 Iowa:

Despite a new state law that prohibits such local authority, Dyersville intends to keep its strict measure on the books.

CASCADE, Iowa -- The Cascade City Council is close to repealing the city's sex offender ordinance, responding to a new state law passed in May that prohibits such local authority.

The mayor of Dyersville, meanwhile, said his city has no intention of rescinding its stringent ordinance.

The Cascade City Council approved a second reading to repeal the ordinance at its Monday meeting, and it will vote Oct. 12 to take the ordinance immediately out of Cascade's city code.

"At the advice of our city attorney, we are repealing that chapter of the code," Cascade City Administrator Randy Lansing said. "We don't have the legal authority to impose it anymore. Our ordinance has been replaced by state statute."

Iowa Gov. Chet Culver signed a new sex offender law in May that loosens residency restrictions and adds a 300-foot "no-loiter" zone around places where children gather.

The law retains the 2,000-foot residency ban around schools, libraries and day care centers, but only for the most serious offenders against children.

The effect on the authority of Iowa's municipalities isn't revealed until Section 27 of the law.

In the section, the law states that "any motion, resolution or ordinance adopted by a political subdivision of the state in violation of this section is void and unenforceable."

Bob Brammer, spokesman with the Iowa Attorney General's Office, said the law, as written, does not require city ordinances to be repealed.

"It's silent (on repealing)," Brammer said. "It does not say they need to be repealed at the risk of penalties."

If cities have ordinances that are tougher than the state law, the ordinances could be legally challenged.

Cascade's motion to repeal its sex ordinance hasn't had an effect on the city of Dyersville.

Dyersville Mayor Jim Heavens said the city doesn't plan to revisit its ordinance passed in 2005 that banned all sex offenders from residing within city limits.

"(The ban) should remain unchanged until we're forced to do something about it," Heavens said. "It's served us well the last four years.

"If you willingly let (sex offenders) live anywhere in a small town like this, I don't know if you are doing a good job protecting the citizens."

When asked if the new law should spur a change in the ordinance's language, Heavens didn't back off his stance.

"The language is appropriate, and it won't be changed until somebody forces us to change it," Heavens said.

Dyersville Council member Molly Evers believes the 4-year-old ordinance needs to be reviewed.

Evers spoke out against the ban before the council approved the ordinance, two weeks before she joined the council in January 2006.

"I think we need to start over," Evers said. "It's pretty strict. I don't think it's fair for the outside community if we kick them out. I'm not for that. It does not make us look good."

She said her dissenting voice is not the only one in the Dyersville City Council chamber.

"He does not have 100 percent support at (the council) table, and (Heavens) knows that," Evers said.

Heavens, however, believes he has the full support of the community on the issue, even if the ordinance isn't a frequent topic of public discussion.

"If you ask (Dyersville citizens) privately, they are 100 percent for it," Heavens said. ..Source.. by MICHAEL SCHMIDT TH STAFF WRITER