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Home My WebLink About2010-07-26 10-273 ORDINANCECOUNCIL ACTION Item No. 7 3 Date: July 26, 2010 Item/Subject: Ordinance: Amending the Code of the City of Bangor, Chapter 215, Police Regulations, by Adding New Section 215-13, Sex Offender Residency Restrictions Responsible Department: Legal Commentary: The ordinance will amend the Code of the City of Bangor to add sex offender residency restrictions as allowed by Maine law. The ordinance will apply 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 the offense, to be referred to for the purpose of the ordinance as a 'sex offender." The ordinance will provide that no sex offender shall reside within 750 feet of the property line of any public or private elementary, middle or secondary school, or within 750 feet of any publicly -owned property where children are the primary users. The ordinance provides that any public park containing playground equipment or a municipal pool shall be deemed to be municipally owned property where children are the primary users. If the area used by children is concentrated onto a portion of 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. The ordinance is prospective and any sex offender actually residing within a restricted area on the effective date of this section is not subject to the restrictions of the ordinance while that person continues to reside in that dwelling. I All, ��1� at 4�4/ Department Head N)do� a ua✓� Manager's Comments, Qi1�trt Q1 ��/f 7'IL}d 1. �imM`/ /Pl,"4'� City Manager 9F9 1� Associated Information:D� J0401 !?'1�C Budget Approval: 4l Finance Director Legal Approval: ty Solicitor Introduced for Passage First Reading ` �( Page _ of _ _Z Referral -/a �xi {Q��'I�IS � /o�D � 10 '*3 C ,+D BA"SOS Assigned to Councilor - Gratwick July 26, 2010 o — q t CITY OF BANGOR 0� R4i ED,o (f �._�f� •fir. (TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 215, Police Regulations, by Adding New Section 215-13, Sex Offender Residency Restrictions NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended by adding Section 215-13 as follows: § 215-13. Sex Offender Residency Restrictions A. Findings and Purpose. (1) The City of Bangor 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 of paramount importance, (2) The City of Bangor recognizes that sex offenders who prey upon children have a high rate of recidivism; (3) Notwithstanding the fact that certain persons convicted of sex offenses or sexually violent offenses are required to register pursuant to Title 34-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 (4) The purpose of this section is to provide such further protective measures while balancing the interests and residential needs of sex offenders. B. Authority. This Article is adopted in accordance with the provisions of 30-A M.R.S.A. § 3001 and 30-A M.R.S.A. § 3014. C. Application. This ordinance 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 the offense, regardless of whether the offense was committed in the State of Maine or another jurisdiction. A person to whom this section applies is referred to as a "sex offender." D. Restricted areas. (1) No sex offender shall reside within 750 feet of the property line of any public or private elementary, middle or secondary school. (2) 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 IN CITY COUNCIL July 26, 2010 First Reading and Referral -to Government Operations Meeting of August 10. 2010 EPUTY CITY CLERK IN CITY COUNCIL October 13, 2010 Motion Made and Seconded to Table to a Later Date Motion Doubted Vote: 7-2 Councilors Voting Yes: Bronson, Gratwick, Hawes, Nealley,'Palmer, Stone & Wheeler Councilors Voting No: Blanchette & Weston John Hammer spoke in Favor and Expressed Willingness to work with the Committee Motion Made to Remove from Tabled item Vote: 3-6 Councilors Voting Yes: Blanchette, Brons Councilors Voting No: Gratwick, Hawes, N Palmer, Stone & Wheeler Motion Failed —CITY, CLERK y ORDINANCE (T1TLE,)�ndine the Code of the City of an or, Chapter 215, Police Regulations, -bv adding New Section 215-13 Sex.Offender ------------- Residency Restrictions ASslgned to Coanetior r on & Weston ealley, IN CITY COUNCIL December 13, 2010 Motion Made and Seconded to Remove from the Table Passed Motion made and Seconded for Passage , Vote: 1-8 Councilors Voting Yes: Nealley Councilors Voting No: Blanchette, Bronson Durgin, Gra t "ck, Longo, Hawes, Palmer Weston Fai d I CITY CLERK public park containing playground equipment or a municipal pool shall be deemed to be municipally owned property where children are the primary users. For the purpose of this section, if the area used by children is concentrated onto a portion of 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. (3) For a first offense only of this restriction, a sex offender shall have twenty-five, (25) days following the date of mailing or service as required by section F, below, to move from the residence to a residence not within the areas restricted by the provisions of this ordinance, and by so moving avoid the fines and penalties imposed by section F, below. E. Exemption. Any sex offender actually residing within a restricted area on the effective date of this section is not subject to the restrictions contained in subsection (D) while that person continues to reside in that dwelling. Upon moving from such dwelling, the sex offender shall comply with the restrictions contained in subsection (D). F. Violations and penalties. Any sex offender who, after written notice sent by regular mail or delivered by the City about the requirements of this section, remains in violation of this section for more than twenty-five (25) days, shall be subject to an action brought by the City in District Court to enforce the requirements of this ordinance. (1) The minimum penalty for a violation of this section is $500 per violation. Each day shall be considered a separate violation; (2) If the municipality is the prevailing party, the municipality must be awarded reasonable attorney fees, expert witness fees and costs, unless the court finds that special circumstances make the award of these fees and costs unjust; and (3) The City shall seek injunctive relief to require compliance with this section. G. Effective Date. This ordinance shall take effect ten (10) days after the date of adoption by the Bangor City Council.