[HISTORY: Adopted by the Town Council of the Town of Montville 10-14-2010 by Ord. No.
2010-3; amended in its entirety 12-10-2012 by Ord. No.
2012-11. Subsequent amendments noted where applicable.]
Since the Town of Montville has a compelling interest in protecting
children from the threat of sexual abuse from sex offenders, 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 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 natural person who has not reached the age of 18 years.
Any park, school, playground, recreation center, bathing
beach, swimming pool or wading pool, gymnasium, sports field or sports
facility, wherein children congregate, which is 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 Montville, or
leased by the Town to another person for the purpose of operating
a like facility; to include any and all buildings, land, parking areas
or other improvements located on the same parcel on which any of the
aforementioned facilities are located, but does not include any public
street or public sidewalk located on the outside boundary of Child
Safety Zones.
A person who:
Has been convicted or found not guilty by reason of mental disease
or defect of a "criminal offense against a victim who is a minor";
"nonviolent sexual offense"; "sexually violent offense"; or any felony
that the Court finds was committed for a "sexual purpose" as those
terms are defined in Subdivisions (2), (5), (11) and (12) of Section
54-250 of the Connecticut General Statutes, as amended, and who is
required to register with the Commissioner of Public Safety pursuant
to Sections 54-251,54-252, 54-253 or 54-254 of the Connecticut General
Statutes, as amended.
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), (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.
A.Â
It shall be unlawful for a sex offender to be present in a child
safety zone.
B.Â
Exclusions. This prohibition shall not apply to the following:
(1)Â
To any person whose name has been removed from the Connecticut Department
of Public Safety's 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.
(2)Â
To any person entering 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.
(3)Â
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.
(4)Â
To any person who enters a child safety zone for the purposes of
dropping off or picking up his or her own child, provided that the
person leaves the child safety zone immediately after dropping off
or picking up his or her child.
(5)Â
To any person 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, educational or general welfare,
provided that the person leaves the child safety zone immediately
after completing the meeting or discussion.
(6)Â
To any person who is lawfully employed in a position that might require
providing services within such child safety zone, as defined herein,
for the purpose of providing such employment services. Said person
may provide services in the scope of employment only at the discretion
of such person's probation or parole officer or, if such person
is not on probation or parole, at the discretion of the Chief of Police
of the Town or its Resident State Trooper.
The Mayor acting as Chief of Police or Resident State Trooper
or his/her designee shall make reasonable efforts to provide prompt,
actual written notice of the enactment of this chapter (which notice
shall contain a copy of this 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 Mayor acting
as Chief of Police or Resident State Trooper or his/her designee.
The failure of any person to receive such actual written notice shall
not be a defense to a violation of this chapter.
A.Â
If a police officer has a reasonable suspicion that a sex offender
is in a child safety zone in violation of this chapter, the officer
shall require the suspected child sex offender to provide proper identification.
If it is established that the individual is a sex offender, then the
officer may issue an infraction ticket to the offender and require
the offender to leave the child safety zone.
B.Â
Any person in violation of this chapter shall be fined in the amount
of $99 for each violation or the maximum imposed by state statute.
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.
Each child safety zone may be identified by a sign conspicuously
posted at the primary entrance to the child safety zone and any building
within the child safety zone. In addition, the Town of Montville will
make available a map outlining each child safety zone in Montville
and a document listing each child safety zone at the Mayor's
office and the Montville Town Police Department. All child safety
zones similar to the map mentioned above and the document listing
each child safety zone in Montville will be placed on the Town of
Montville's website for viewing.
