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County to clarify sex-offender ordinance language after court ruling on community pool
Summary
Following a circuit court ruling, the county attorney asked the board Aug. 12 for direction to tighten the definition of “playground” in the county’s offender ordinance so it more clearly covers community pools and other defined gathering areas; commissioners directed staff to draft amendments and consult with sheriff’s counsel.
The Board of County Commissioners on Aug. 12 directed county attorneys to draft a revision clarifying the definition of “playground” in the county’s sex-offender/predator ordinance after a circuit court judge disagreed with the sheriff’s office interpretation that a community pool fit within the ordinance’s existing playground language.
County Attorney Kate Latour explained the sheriff’s office had interpreted the ordinance’s definition — which uses the phrase “an established or dedicated outdoor area for recreation and play” and lists examples — to include a community swimming pool. A circuit court judge ruled that the existing ordinance language did not explicitly cover a community pool and allowed a registered offender to live within 1,000 feet of that pool, Latour said.
Latour asked whether the board wanted to clarify the ordinance to include pools or other gathering areas. Commissioners discussed the balance between protecting children in recognized gathering areas versus creating an overly broad prohibition that might criminalize otherwise permissible behavior. Several commissioners urged language that includes pools as an example but avoids sweeping language that would capture any place children might gather informally.
Commissioners directed staff to prepare proposed ordinance language and to coordinate with the sheriff’s office counsel and other stakeholders for the board’s consideration as soon as possible.
