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Oelwein bans some sex offenders from many public places

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OELWEIN -- People convicted of a sex crime against a minor are no longer allowed near libraries, schools, parks and other places where kids spend time.

City Council members voted unanimously Monday to bar registered sex offenders with a history of attacking children from entering within 250 feet of kid-friendly public places. The list includes child care facilities, bike trails and recreation centers.

While several communities have taken action to ban sex offenders from living in town, Oelwein's ordinance is the first one to limit where sex offenders can be when away from home.

If detected in a safe zone, sex offenders can be fined $750.

"I think it's a good ordinance," Mayor Larry Murphy said. "The state legislature might want to look at our ordinance to see a community that is dealing specifically with the problem at hand."

Consideration of the ordinance began in January, when many communities were passing rules to tighten a state law that prohibits sex offenders from residing within 2,000 feet of a school or day care. Dyersville, for example, banned sex offenders from living in town.

Officials with the Iowa County Attorneys Association once endorsed residency restrictions, but recently changed course to support changes to the law. Many county attorneys say once the laws were applied, holes and unintended consequences became apparent.

"The residency restriction doesn't do a whole lot in terms of security for young kids, but restricting access of where young people gather is probably more sensible." Murphy said.

Murphy added it would be too broad to include all registered sex offenders in the ordinance because people can be put on the registry for minor crimes, such as public urination.

Ben Stone, executive director of the Iowa Civil Liberties Union, expressed numerous concerns about the ordinance, focusing mostly on its language.

"If you drive through Oelwein in your car, you are likely going to violate the ordinance 30 times before leaving town," he said. "It is impossible to enforce and will cause confusion among the community."

Police Chief Jeremy Logan has maintained the ordinance is a tool to prevent sex offenders from loitering. Instead of using the word loiter, however, it reads that sex offenders "shall not enter the area in or on, or within 250 feet."

The ordinance makes exceptions for sex offenders who already live within 250 feet of a protected area. Also, sex offenders with a purpose for being in a safe zone -- because they are minors or have biological children with them -- are exempt.

This is the second time Oelwein considered creating safe zones. In January, council members tabled a similar proposal to see if the Iowa Legislature would change laws regarding residency restrictions on sex offenders, as some expected.

With the session ready to close, no new law is expected.

Contact Brian Spannagel at (319) 291-1570 or brian.spannagel@wcfcourier.com.

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