§ 54-366. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Child care facility means any building or shelter in which custodial care is rendered to children, and for which compensation is received in the form of a payment, fee, grant, goods or services in kind for any of the children receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides child custodial care. The term also refers to the child care operation associated with the building or shelter, and also includes specialized child care facilities for the mildly ill. A child care facility includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. The following are not included:

(1)

Public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;

(2)

Summer camps having children in full-time residence;

(3)

Summer day camps;

(4)

Bible schools normally conducted during vacation periods; and

(5)

Operators of transient establishments, as defined in F.S. ch. 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of F.S. ch. 435.

City police department means the City of West Palm Beach Police Department.

Community shall mean any city where the sexual predator resides or otherwise establishes or maintains a temporary or permanent residence.

Community center means a single general-purpose structure represented as a community center owned and operated by the city or any private, nonprofit organization and used predominantly for educational, literary, scientific, religious, or charitable purposes relating to children.

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.

Designated school bus stop means all locations established by F.S. § 1006.22 where public school students are for the purpose of transporting students to and from school located within the boundaries of the City of West Palm Beach.

Park means and includes all public and private property specifically designated as being used for park and recreational purposes, including but not limited to aquatic centers, linear parks, athletic fields and racquetball, basketball and tennis courts where children regularly congregate.

Permanent residence shall mean a place where a person abides, lodges, or resides for five or more consecutive days.

Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides.

Police chief means the chief law enforcement officer of the City of West Palm Beach.

Sexual offender is defined herein by the criteria, designation and registration set forth in F.S. § 943.0435.

Sexual predator is defined herein by the criteria, designation and registration set forth in F.S. § 775.21.

Out of state sexual offender or sexual predator means any person who resides in the City of West Palm Beach who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender in another state or jurisdiction and is, as a result of such designation, subject to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, and is required to register as a sex offender in the State of Florida.

School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education and includes a "private school" as defined in F.S. § 1002.01, a "voluntary prekindergarten education program" as described in F.S. § 1002.53(3), a "public school" as described in F.S. § 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established in F.S. § 1002.37, and a K-8 Virtual School as established in F.S. § 1002.415, excluding facilities dedicated exclusively to the education of adults.

Temporary residence means a place where the person abides, lodges, or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.

(Ord. No. 4159-08, § 2, 7-28-2008)