[HISTORY: Adopted by the Board of Selectmen of the Town of
Brookfield 6-1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented businesses — See Ch. 78.
The Town of Brookfield (the "Town") has a compelling interest
in protecting children from the threat of sexual abuse from child
sex offenders. Therefore, it is hereby resolved that, to preserve
and promote the health, safety and general welfare of the children
of the Town, it is in the common interest to enact reasonable regulations
restricting child sex offenders from entering Child Safety Zones.
When used in this chapter, the terms, phrases, words and derivations
shall have the meanings set forth thereafter. When not inconsistent
with the context, words in the plural number include the singular
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory. Terms not defined below
shall have the meanings set forth in Section 54-250 of the Connecticut
General Statutes, as amended.
Any park, school, playground, recreation center, bathing
beach, swimming pool or wading pool, gymnasium, sports field, or sports
facility, which is: 1) under the jurisdiction of any department, agency,
or authority of the Town, including, but not limited to, the Board
of Education of the Town of Brookfield; or 2) leased by the town to
another person or entity for the purpose of operating a park, school,
playground, recreation center, bathing beach, swimming pool or wading
pool, gymnasium, sports field, or sports facility. "Child Safety Zone"
also includes any and all buildings, land, parking areas or other
improvements located on the same parcel on which each of the aforementioned
facilities is located, but does not include any public street, and
also does not include any public sidewalk which is located on the
outside boundary of a Child Safety Zone.
A person who:
Has been convicted or found not guilty by reason of mental disease
or defect of any one or more of the following offenses as defined
in Section 54-250 of the Connecticut General Statutes, as amended:
Is required to register with the Commissioner of Public Safety
pursuant to Section 54-251, 54-252, 54-253 or 54-254 of the Connecticut
General Statutes, as amended; or
A person who has been convicted or found not guilty by reason
of mental disease or defect in any other state, in a federal or military
court or in any foreign jurisdiction, of any crime, the essential
elements of which are substantially the same as any of the crimes
specified in Subdivisions (2), (5) and (11) of Section 54-250 of the
Connecticut General Statutes, as amended, and which requires registration
as a sexual offender in such other state or in the federal or military
system, and who resides in this state on and after October 1, 1998.
It shall be unlawful for a child sex offender to be present
in a Child Safety Zone.
This chapter shall not apply:
A.
To any person whose name has been removed from the Connecticut Department
of Public Safety's Sex Offender Registry ("Sex Offender Registry")
or from the registry of any other state or in the federal or military
system by act of a court or by expiration of the term such person
is required to remain on such registry.
B.
To any child sex offender who enters into a facility in a Child Safety
Zone for the sole purpose of voting in any municipal, state or federal
election or referendum, provided that the person leaves the facility
immediately after voting.
C.
To any child sex offender who enters a Child Safety Zone for the
purpose of dropping off or picking up his or her own child, provided
that the child sex offender leaves the zone immediately after dropping
off or picking up his or her child.
D.
To any child sex offender who enters a Child Safety Zone for the
purpose of meeting with an adult, such as a teacher, administrator
or nurse, to discuss his or her own child's medical or educational
issues, provided that the child sex offender leaves the zone immediately
after completing the meeting or discussion.
E.
To the extent that the conduct prohibited by this chapter is in conflict
with any sentence or order of probation or parole imposed upon a sex
offender.
A.
The Chief of Police or his designee shall make reasonable efforts
to provide prompt, actual written notice of the enactment of this
chapter (which notice shall contain a copy of the chapter) to all
persons who are listed on the Sex Offender Registry as of the effective
date of this chapter, as well as those persons who are added to the
Sex Offender Registry thereafter, which persons' addresses (as
shown on the Sex Offender Registry) are within the Town. Such notice
requirement may be satisfied by the mailing of such notice by registered
or certified mail, return receipt requested, to the last known address
of such person as listed on the Sex Offender Registry or as otherwise
known to the Chief of Police. The failure of any person to receive
such actual written notice shall not be a defense to a violation of
this chapter.
B.
Each Child Safety Zone shall be identified by a sign conspicuously
posted at the primary entrance to the zone and any building within
the zone.
A.
If a police officer reasonably believes that a child sex offender
is in a Child Safety Zone in violation of this chapter, the officer
shall require the suspected child sex offender to provide his/her
name, address, and telephone number. If it is established that the
individual is a child sex offender, then the officer may issue a citation
to the offender and shall require the offender to leave the Child
Safety Zone.
B.
Any person in violation of this chapter shall be fined in the amount
of $250 for each violation.
Any provision of this chapter held to be unconstitutional or
superseded by state law or regulation shall not serve to invalidate
the remaining unaffected provisions hereof. No provision of this chapter
shall serve to validate any activity otherwise prohibited by state
or local law or lawfully enacted zoning regulations.
