From Deseret News archives:

Sex offenders get the boot

Clinton ordinance bans some felons from parks

Published: Wednesday, May 25, 2005 9:09 a.m. MDT
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CLINTON — Some convicted sex offenders are no longer welcome near Clinton parks and other city-owned facilities.

With a 3-1 vote, the Clinton City Council on Tuesday passed an ordinance making it a class C misdemeanor for those convicted of a felony sexual offense with a minor to come within 100 feet of city properties where children are gathered.

During debate, an exception was made to allow offenders with children to call and check in with police so they could legally take their own youngsters to a park.

"It's not going to make a huge dent, but it's a huge safety net," said Councilman Paul Ray, a Republican state representative who drafted the ordinance. "This is not meant to put an end to anything, it's just another tool for if they're in the parks and not supposed to be."

It was an emotional meeting as two registered offenders stood to tell their stories and oppose the ordinance.

"It's a violation of my civil rights, as far as I'm concerned," said Robert Belka, who pledged to file a complaint with the American Civil Liberties Union.

About eight members of Bikers Against Child Abuse (BACA) attended the meeting to support the ordinance.

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"I don't mean to make light of other people's plight and addiction, but I don't see anyone talking about the young survivors," said Chris Rosebrock, a member of BACA. "I'm sorry, but Davis County will still survive if people have to move because of this law."

City Council members say the law is constitutional and will be an effective tool. They plan to review the ordinance at a future council meeting and may make changes.

"Do we need to make the problem before we address it, or do we address it before we make it?" asked Ray.

The state's online sex offender registry shows that 80 offenders live within Clinton's ZIP code. That number includes parts of Clearfield, West Point and Sunset — all northern Davis County cities.

Ray said Clinton has yet to have "issues" with registered sex offenders, but some are known to frequent parks. Critics acknowledge that need to protect children and prevent recidivism. They question, however, the broader implications of passing the law.

Depending on wording, the ordinance could effectively ban some sex offenders from living within Clinton, said Dani Eyer, director of the Utah chapter of the ACLU.

"You can be well-intended, but as we know in every other civil-liberties issue, the devil is in the detail," said Eyer.

Fairness and need are also concerns.

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