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January 20, 2009 (Regular Meeting) Section 7, below. Page 1205 §3.3 - Consistency with the Jessica Lunsford Act - After November 30, 2008, any action prohibited by this Ordinance that would also be a violation of N.C.G.S. ~ 14-208.18 (2008) shall no longer be considered a violation of this Ordinance. For example, after November 30, 2008: 1. A Registered Sex Offender who enters a Park and/or Recreation Facility playground will no longer be in violation of this Ordinance because of the prohibition of the same conduct by N.C.G.S. ~ 19-208.18(a)(1) (2008); 2. A Registered Sex Offender who enters Park and/or Recreation Facility property that is held open to the general public that at the time in question is being used for a youth birthday party may not be deemed in violation of this Ordinance because of the prohibition of the same conduct by N.C.G.S. ~ 19-208.18(a)(2) (2008); and 3. A Registered Sex Offender will not be in violation of this Ordinance for being on Park and/or Recreation Facility property where minors have gathered for regularly scheduled recreational programs because of the prohibition of the same conduct by N.C.G.S. ~ 14-208.18(a)(3) (2008). Scope Section 4: Territorial Scope. This Ordinance shall be effective within and upon all County Parks and Recreation Facilities and shall regulate the use thereof by all persons. Enforcement Section 5: Enforcement § 5.1: Enforcement. Duly sworn law enforcement officers with jurisdiction within the County Parks and Recreation Facilities shall have the duty to enforce this Ordinance. X5.2 Detaining a Subject. A law enforcement officer may detain a person within a County Park or Recreation Facility under this Ordinance for a reasonable amount of time to inquire about that person's status as a Registered Sex Offender if the officer reasonably believes, or has probable cause to believe, that the person is a Registered Sex Offender who is in violation of this Ordinance or has committed a crime for which the person, if convicted, could be required to register as a sex offender. Nothing in this section shall limit a law enforcement officer from running any background check that is currently permissible under the law. Construction of Ordinance Section 6: Construction. In the interpretation of this Ordinance: (1) Any term in the singular shall include the plural; (2) Any term in the masculine shall include the feminine and the neuter; (3) Any requirement or prohibition of any act shall, respectively, extend to and include the causing or procuring, directly or indirectly, of such act; (9) No provision of this Ordinance shall make unlawful any act necessarily performed by any officer or employee of the County or the Department in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement of the City or the Department; (5) This Ordinance is in addition to and supplements State law. Penalty Section 7: Penalties. Violation of Section 2 of this Ordinance shall be a Class 3 Misdemeanor and shall be punishable by a fine of up to five hundred dollars ($500.00) and or incarceration for a period of time as outlined in N.C.G.S. 15A-1390.20 et seq. Each and every entrance into a Park or Recreation Facility, regardless of the time period between such entries, shall constitute a separate offense under this Ordinance. Severability Section 8: Severability. If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is for any reason held to be