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January 20, 2009 (Regular Meeting) Page 1204 WHEREAS, North Carolina General Statute § 153A-169 provides that a County Board of Commissioners shall supervise the use of all County property and may adopt by ordinance regulations concerning the use of County property; NOW THEREFORE, BE IT ORDAINED BY THE CABARRUS COUNTY BOARD OF COMMISSIONERS THAT THE FOLLOWING ORDINANCE BE AND HEREBY IS ADOPTED: ORDINANCE PROHIBITING THE PRESENCE OF REGISTERED SEX OFFENDERS IN COUNTY PARKS AND RECREATION FACILITIES Definitions Section 1: Definitions. Whenever used in this Ordinance, the following terms, unless otherwise expressly defined, shall mean and include each of the meanings set forth below: §1.1 - "County" means Cabarrus County. §1.2 - "Department" means the Cabarrus County Parks and Recreation Department. §1.3 - "Park" means all parks, playgrounds, recreation facilities, greenways, water areas, wildlife refuges, nature preserves or other recreation areas, including any adjacent public parking area as well as the driveway, entrance way or pedestrian walkway used by the public to access the Park or Recreation Facility, developed or undeveloped, and structures thereon, owned, operated, leased or managed by the County. §1.9 - "Official Meeting" means a meeting that is required to be open to the public by the Open Meetings Law, Article 33C of Chapter 143 of the North Carolina General Statutes. §1.5 - "Recreation Facility" means any publicly owned, leased, operated or maintained property that is designated or used as a Recreation Facility by the County and including any adjacent public parking area as well as the driveway, entrance way or pedestrian walkway used by the public to access the recreation facility. §1.6 - "Registered Sex Offender" means any individual who is required to register or is registered with the North Carolina Sex Offender and Public Protection Registry (established under Article 27A of Chapter 14 of the North Carolina General Statutes) or, the Dru Sjodin National Sex Offender Public Registry (maintained by the United States Department of Justice), or any other official state or federal registered sex offender listing maintained by either the United States Department of Justice or any of the several states. For purposes of determining if an individual is registered or is required to register with any one of the official registries, law enforcement officers may rely upon the official website of any state or federal registry of sex offenders and the descriptions published and available from such registry. Prohibition Section 2: Prohibition. No Registered Sex Offender shall enter into or upon any Park or Recreation Facility owned, leased, operated or maintained by the County except as permitted by Section 3 of this Ordinance. Limited Exceptions Section 3: Limited Exceptions. §3.1 - Polling Place - When a Park or Recreation Facility is used as a polling place for an election, the Registered Sex Offender may enter for the limited purpose of voting if he has right to vote and qualifies to do so at that polling place. §3.2 - Official Meetings - A Registered Sex Offender who has the right to be present at an Official Meeting shall have the limited privilege of entering on and into a Park or Recreation Facility for such time as is necessary to attend that meeting or function, but loitering or lingering in any form shall be a violation of this Ordinance. The privilege shall only extend to those parts of the Park and/or Recreation Facility that are being used for meetings of that kind and any Registered Sex Offender found outside of those parts shall be punished as provided in