Does law go to far in Clinton?

CLINTON — City officials say good intentions may have "gone too far" with an ordinance approved Tuesday that bans some offenders from being near city facilities.

The ordinance makes it a class C misdemeanor for registered sex offenders in Clinton who were convicted of a felony offense involving a minor to come within 100 feet of city properties where children are gathered.

Technically, said resident Robert Belka, that means he can't drive on certain city roads or travel past the cemetery. The 13 other registered offenders in Clinton may not be able to do the same.

"What's the definition of city property?" he asked. "Are the roads city property? Does that mean I have to live in my back yard because I can't be within 100 feet of the road?"

On Tuesday, Belka has scheduled an appointment with civil rights attorney Brian Barnard. He also has requested a packet from the American Civil Liberties Union that includes information on how to file a complaint.

No other complaints have been received, said Dani Eyer, executive director of the Utah chapter of the ACLU. "There wouldn't even be time for someone to have submitted a complaint since last night," she said in an interview Wednesday.

Clinton City Manager Dennis Cluff said the city is aware of concerns about the technicalities of the ordinance. Currently, he is working to amend and clarify the ordinance at the request of City Council members.

One change to the law may include an exception to allow offenders with children to check in with police so they could legally visit a park with their own youngsters. The term "city facilities" may be clarified to specifically reference parks, Cluff said.

"That's a little broad and I may have gone too far with that, but it's with good intent," he said. "At least now, there's a basic (ordinance) to begin from."

The city has received several calls, both in support of and against the ordinance. Cluff said he received a call Wednesday from a person in Salt Lake County threatening an injunction against the city.

The ordinance, however, should withstand review of its constitutionality, he said. For now, police officers are asked to "reasonably" enforce the law. On June 14, the City Council will review possible changes to the law and possibly vote to revise the ordinance.

"There's a reasonable interpretation of the law and hopefully our officers have that intelligence," said Cluff. "Our intent is really to protect the children from people who might potentially be the pedophile type."

After the June meeting, Clinton will post signs at parks to warn registered sex offenders of the ordinance. Offenders visiting from other cities will need to abide by the law. Changes may be made to allow exceptions for those visiting parks for a specific purpose.

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