§ 5-160. Zone of safety.
A. “Loitering” means: to remain in an area for no obvious reason.
B. A zone of safety is hereby created around elementary, junior high, and high schools, licensed child care centers, playgrounds and parks owned and operated by the Osage Nation. A person is prohibited from loitering within one thousand (1,000) yards of any elementary, junior high, or high school, licensed child care centers, playground, or park if the person has been convicted of a crime that requires the person to register per the Sex Offender Registration and Notification Act, or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in this state, or on this reservation would have been punishable as one or more of the offenses listed in the ordinance and the victim was a child under the age of fourteen (14) years.
C. A person shall be exempt from the prohibition of this section regarding a school or licensed child care facility only under the following circumstances:
1. The person is the custodial parent or legal guardian of a child who is an enrolled student at the school or child care facility; and
2. The person is enrolling, delivering or retrieving such child at the school or child care facility during regular school or facility hours or for school-sanctioned or child-care-facility-sanctioned extracurricular activities.
This exception shall not be construed to modify or remove any restrictions applicable to the person by Trial Court order, conditions of probation, or as provided by other provision of law.
D. This section shall not apply to any person receiving medical treatment at a hospital or other facility certified or licensed to provide medical services.
E. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offender Registration and Notification Act, from attending a recognized church or religious denomination for worship; provided, the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission by the religious leader.
F. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offenders Registration and Notification Act, from attending ceremonial dances or other Osage Nation ceremonial events, provided, the person has notified the ceremonial committee members of his or her status as a registered sex offender and the person has been granted written permission by the ceremonial committee and that all documentation of that written permission be filed with the Osage Nation Sex Offender Registry Office within seventy-two (72) hours of the event.
G. Zone of safety violations shall be punishable by fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in Tribal Jail not to exceed one year; or by banishment for a period not less than five years nor more than life; or any combination of the above. ONCA 11-43, eff. Apr. 5, 2011.