HomeMy WebLinkAbout2014-01-13 14-062 ORDINANCECOUNCIL ACTION
Item No. 14-062
Date: January 13, 2014
Item/Subject: Ordinance, Amending the Code of the City of Bangor, Chapter 215, Police
Regulations
Responsible Department: Legal
Commentary:
This Ordinance will amend the City's ordinance to include the additional limits on sex offender residency
approved by the recent amendment to State law. In 2013, the City of Bangor enacted an ordinance to restrict
sex offenders from residing close to schools and municipal property where children are the primary users. The
ordinance was consistent with 30-A M.R.S.A. §3014, a law permitting the enactment of such an ordinance by
municipalities. During the last legislature the law was amended to allow municipalities to, by ordinance,
restrict the residency of sex offenders in the vicinity of municipal and state property leased to a nonprofit
organization for the purposes of a park, athletic field or recreational facility that is open to the public where
children are the primary users. This item was reviewed and recommended for approval.by the Government
Operations Committee at its January 6, 2014 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading
Referral
Department Head
coy nom. (A
City Manager
Page _ of _
Finance Directo
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14-062
JANUARY 13, 2014
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(TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 215, Police Regulations
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
The Code of the City of Bangor section 215-13 is amended as follows:
§ 215-13. Sex Offender Residency Restrictions
A. Findings and purpose. Unchanged.
B. Authority. Unchanged.
C. Application. Unchanged.
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 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) No sex offender shall reside within 750 feet surrounding the real property of a municipally owned.
or state-owned property that is leased to a nonprofit organization for purposes of a park. athletic field
or recreational facility that is open to the public 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.
(34) 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 Subsection F below to move from the residence to a residence not
within the areas restricted by the provisions of this section and by so moving avoid the fines and
penalties imposed by Subsection F below.
E. Exemption. Unchanged.
14-062
JANUARY 139 2014
F. Violations and penalties. Unchanged.
G. Effective date. Unchanged.
Note: Additions are underlined and deletions are straek threugh.
IN CITY COUNCIL
January 13, 2014
First Reading and Referral to Government
Operations Committee Meeting of
January 21, 2014
CITY GMRK
IN CITY COUNCIL
February 10, 2014
Lucy Quimby and Jonathan Riggers spoke aginst the
passage of this ordinance.
Motionmade and seconded for Passage
Vote: 6-3
Councilors Voting Yes: Baldacci, Civiello,
Gallant, -Graham, Nealley, Sprague
Councilors.Voting No: Blanchette, Durgin, Plourde
Passe
e t
CITY CLAk