Article II - Child Safety Zone

1. Definitions. The following terms are defined for purposes of this Chapter:
   
   1. Camp - A site where educational and recreational activities are provided for children.
   2. Child Safety Zone - All parks, public libraries, school sites, camps, and the public ways within 300 feet of a park, public library, school site, or camp.
   3. Convicted Child Sex Offender - Any person who is required to register on the North Carolina Sex Offender and Public Protection Registry pursuant to N.C.G.S. Chapter 14 Article 27A. and any person convicted of any offense which could require him or her to register on the North Carolina Sex Offender and Public Protection Registry.
   4. Loiter - Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around a child safety zone. This term shall not include the following:
      
      1. A person's mere physical presence on a school site for the purposes of:
         
         1. Dropping off or picking up such person's legal child who attends such school; or
         2. Meeting with school officials at the school at which such person's legal child attends; or
         3. Attending a school event in which such person's legal child is actively participating.
      2. A person's mere physical presence at an event announced to and open to the general public held on a school site.
   5. Park - The same as defined by §19-3.
   6. Public Way - Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public.
   7. School Site
      
      1. The buildings and grounds of any elementary school, junior high school, high school, or pre-school or child development or child-care facility required to be licensed by the State of North Carolina; and
      2. All school-bus stops.
   8. Public Library - Any library operated by Henderson County.
2. It shall be unlawful for a convicted child sex offender to knowingly loiter in any child safety zone.

1. If a law enforcement officer reasonably believes that a convicted child sex offender is in a child safety zone in violation of this article, the officer shall require the convicted child sex offender to provide his/her name, address, and telephone number. If the officer establishes that the individual is a convicted child sex offender, then the officer shall notify the convicted child sex offender that he/she is in violation of the article.
2. For the purposes hereof, an individual may be established as a convicted child sex offender:
   
   1. If he/she is a resident of North Carolina and is required to be registered on the North Carolina Department of Public Safety Sex Offender Registration Database; or
   2. If he/she is not a resident of North Carolina, he/she would be required to so register if he/she was, in fact, a North Carolina resident

A. Misdemeanor. The violation of any provision of this Article shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in N.C. Gen. Stat. §14-4.

If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect.