[HISTORY: Adopted by the City Council of the City of Westbrook 9-17-2007; amended 9-14-2009 (Ch. 25, Art. III, of the 2007 Code). Subsequent amendments
noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001
and amended pursuant to 30-A M.R.S.A. § 3014.
In acknowledgement that sex offenders who prey upon children
are at a higher risk of reoffending, the City of Westbrook has a compelling
interest to protect the health, safety, and welfare of its children
by restricting access to areas where concentrations of children exist.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual convicted of a crime listed in former Title
17 M.R.S.A. §§ 2922 to 2924, or Title 17-A M.R.S.A.
Chapter 11 or 12 or 17-A M.R.S.A § 556; for an attempt or
solicitation of those listed crimes; or for any former or current
crime in any other jurisdiction in which the person engaged in substantially
similar conduct to that of the earlier specified current or former
Maine crimes, in this state or in another jurisdiction, against persons
who had not attained 14 years of age at the time of the offense.
That place or those places, other than a domicile, in which
a person may spend time living, residing, or dwelling.
Any public or private elementary, middle or secondary school.
Any person who is a convicted sex offender involving a person
under 14 years of age shall not reside within a maximum distance of
750 feet of the property line of a school, or within a maximum distance
of 750 feet surrounding the real property comprising a municipally
owned property where children are the primary users.
A convicted sex offender residing within 750 feet of a school
or within a maximum distance of 750 feet surrounding the real property
comprising a municipally owned property where children are the primary
users is not in violation of this chapter if the residency was established
prior to the date of passage or amendment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who, after written notice from the City about the requirements of this chapter, remains in violation of the provisions of this chapter shall be subject to an action brought by the City in the District Court or Superior Court to enforce the requirements of this chapter. The City may seek injunctive relief to require compliance with the provisions of the chapter. The City may also seek a penalty in the minimum amount established in Chapter A401, Master Fine Schedule, which may be imposed on a daily basis for each day that a violation continues after notice from the City. In the event that the City is the prevailing party in an action under this chapter, it shall be entitled to an award of its reasonable attorneys' fees, expert witness fees, or any other associated costs.
In the event that any section or any portion of this chapter
shall be declared by any court of competent jurisdiction to be invalid
for any reason, such decision shall not be deemed to affect the validity
of any other section or portion of this chapter. The provisions of
this chapter are hereby declared to be severable.
