IN- Jeffersonville Council to vote on new ordinance to keep sex offenders out of parks after old ordinance ruled unconstitutional

10-8-2009 Indiana:

(WHAS11) - After running into a hurdle over constitutionality, the Jeffersonville City Council is trying again to keep sex offenders out of city parks.

Wednesday night, the council will vote on a new and updated version of the ordinance when it comes to registered sex offenders.

This stems from a case in 2008 when a convicted, but not registered, sex offender challenged the constitutionality of the ordinance which banned all sex offenders. He won.

So, this new ordinance will only ban registered sex offenders from entering parks.

Across the river in Jeffersonville, some of the most relaxing and enjoyable places are the city's parks. But not everyone will be able to take in the scenery. The City Council plans to pass a new ordinance replacing an old, unconstitutional one.

"Individuals who are convicted, who are presently on the sex offender registry, who are involved in the system such that they must provide a picture, place of biz, residence, those individuals cannot enter any of the parks in the city of Jeffersonville,” said City Council Attorney Larry Wilder.

The City will notify registered sex offenders of the ban. The penalty for violating it is a maximum $2,500 fine and a misdemeanor criminal trespass charge.

Councilperson Keith Fetz, who sponsored the ordinance, says a large part of enforcing the ban will rely on community policing.

"If someone who lives in their area is a sex offender or violent offender, they would be able to obtain a picture of that person via the sheriff's website and maybe they would recognize that person in that area. And the police dept. 100% on board with patrolling,” said Fetz.

Several parks are located in Councilperson Mike Smith's district. And he says the ban is NOT in response to a specific crime or a problem.

"This is more of a preventive maintenance. Is it going to happen, has it happened and should it happen, and our job is to prevent it. So this is a preventive maintenance deal,” said Jeffersonville City Councilmember Mike Smith.

"This has not been an issue in Jeffersonville yet. But we don't want one individual, one child, one person suffer from being a victim in one of the city's parks without the opportunity to protect those families and individuals,” said Wilder.

And from what these council members have heard, people like the idea.

"I've had nothing but full support from constituents,” said Smith.

In the event that a park is host to a vote for an election, sex offenders are allowed to enter the park. This just prohibits them from being there during recreational periods. ..Source.. by WHAS11 Coverage