[Ord. of 12-16-2019]
(a)
The City of Old Town promotes and strives to create a safe environment
for its citizens to live and raise families and considers the promotion
of the safety and welfare of children to be paramount importance;
(b)
The City of Old Town recognizes that sex offenders who prey upon
children have a high rate of recidivism;
(c)
Notwithstanding the fact that certain persons convicted of sex offenses
or sexually violent offenses are required to register pursuant to
Title 34-A, M.R.S.A., Chapter 15, in order to protect the public from
potentially dangerous registrants and offenders by enhancing access
to information concerning those registrants and offenders, the City
finds that further protective measures are necessary and warranted
to safeguard places where children congregate; and
(d)
The purpose of this chapter is to provide such further protective
measures while balancing the interests and residential needs of sex
offenders.
[Ord. of 12-16-2019]
This chapter is adopted in accordance with the provisions.[1]
[1]
Editor's Note: So in original.
[Ord. of 12-16-2019]
This chapter applies to persons convicted of Class A, B or C
sex offenses committed against persons who had not attained 14 years
of age at the time of offense, regardless of whether the offense was
committed in the State of Maine or another jurisdiction. A person
to whom this chapter applies is referred to as a "sex offender."
[Ord. of 12-16-2019]
(a)
No sex offender shall reside within 750 feet of the property line
of any public or private elementary, middle or secondary school.
(b)
No sex offender shall reside within 750 feet of any publicly owned
property where children are the primary users. Without limiting the
application of this subsection, any public park containing playground
equipment or municipal pool shall be deemed to be municipally owned
property where children are concentrated onto a portion or a larger
parcel. The boundary of the property shall be deemed to be 100 feet
from the nearest piece of equipment or area used by children or the
property line, whichever distance is less.
[Ord. of 12-16-2019]
For a first offense only of this restriction, a sex offender shall have 25 days following the date of mailing or service as required by § 16A-7 below to move from the residence to a residence not within the areas restricted by the provisions of this chapter and by so moving avoid the fines and penalties imposed by § 16A-7 below.
[Ord. of 12-16-2019]
Any sex offender actually residing within a restricted area on the effective date of this chapter is not subject to the restrictions contained in § 16A-4 while that person continues to reside in that dwelling. Upon moving from such dwelling, the sex offender shall comply with the restrictions contained in § 16A-4.
[Ord. of 12-16-2019]
Any sex offender who, after written notice sent by regular mail
or delivered by the City about the requirements of this chapter, remains
in violation of this chapter for more than 25 days shall be subject
to an action brought by the City in district court to enforce the
requirements of this chapter.
(a)
The minimum penalty for a violation of this chapter is $500 per violation.
Each day shall be considered a separate violation;
(b)
If the municipality is the prevailing party, the municipality must
be awarded reasonable attorneys' fees, expert witness fees and
costs, unless the court finds that special circumstances make the
award of these fees and costs unjust; and
(c)
The City shall seek injunctive relief to require compliance with
this chapter.
[Ord. of 12-16-2019]
This chapter shall take effect 10 days after the adoption by
the Old Town City Council.
