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January 20, 2009 (Regular Meeting) Page 1203 <br />5559562086 ~ ~LDR SCR <br />Recess of Meeting <br />The Board took a short recess at 9:19 p.m. Chairman White reconvened <br />the meeting at 9:27 p.m. <br />Londa Strong, Cabarrus County Park Director, presented information <br />related to the proposed Ordinance prohibiting Registered Sex Offenders in <br />county parks and recreation facilities. She reported the following: the <br />County Attorney, Richard Koch, has drafted a proposed ordinance banning <br />Registered Sex Offenders from county parks and recreation facilities; the <br />Cabarrus County District Attorney's office, as well as the Cabarrus County <br />Sheriff's office, have reviewed the proposed ordinance; etc. <br />Chairman White opened the public hearing at 9:28 p.m. The Public <br />Hearing Notice was published on January 19 and January 19, 2009 in THE <br />INDEPENDENT TRIBUNE. The Public Hearing Notice was also published on the <br />County's website on January 13, 2009. <br />Johnathon Johnson of 396 George W. Liles Parkway, Concord, stated this <br />ordinance is outstanding and expressed his appreciation to the Board. <br />With there being no one else to address the Board, Chairman White <br />closed the public hearing. <br />UPON MOTION of Commissioner Privette, seconded by Vice Chairman Mynatt, <br />and unanimously carried, the Board unanimously voted to adopt the following <br />ordinance: <br />Ordinance No. 2009-09 <br />AN ORDINANCE OF THE CABARRUS COUNTY BOARD OF COMMISSIONERS PROHIBITING THE <br />PRESENCE OF REGISTERED SEX OFFENDERS IN COUNTY PARKS AND RECREATION <br />FACILITIES <br />WHEREAS, Cabarrus County ("County") owns and maintains its park system and <br />recreation facilities in a manner that is meant for the peaceful enjoyment of <br />children and other citizens; and <br />WHEREAS, currently there are at least 187 registered sex offenders residing <br />in Cabarrus County according to the data provided via the North Carolina Sex <br />Offender and Public Protection Registry database; and <br />WHEREAS, there is a substantial rate of recidivism among sexual offenders; <br />and <br />WHEREAS, the County park system consists of public spaces in which sexual <br />predators may attempt to find victims; and <br />WHEREAS, sex offenders often pose a high risk of engaging in sex offenses <br />even after being released from incarceration or commitment, and protection of <br />the public from sex offenders is of paramount governmental interest; and <br />WHEREAS, it is in the interest of promoting general welfare and safety of the <br />residents of the County to reduce opportunities for sexual predators to make <br />use of public spaces for criminal intent; and <br />WHEREAS, this ordinance prohibiting registered sex offenders from entering <br />Parks and Recreation Facilities is rationally related to the legitimate <br />government interest of protecting Parks and Recreation Facilities users from <br />becoming victims of sexual crimes; and <br />WHEREAS, the County has a legitimate governmental interest in desiring to <br />decrease and eliminate sexual crimes in its Parks and Recreation Facilities, <br />and prohibiting those most likely to commit criminal sexual acts, that is, <br />persons previously convicted of such conduct and meeting the definition of a <br />Registered Sex Offender, from entering the County's Parks and Recreation <br />Facilities is a rational method of furthering that goal; and <br />WHEREAS, the County Board of Commissioners finds it to be in the best <br />interests of the residents of and visitors to the County to prohibit and ban <br />registered sex offenders from the County's Parks and Recreation Facilities; <br />and <br />