Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Milton 11-6-2006 by Ord. No. 2006-4 (Ch. 11, Art. 17, of the prior Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, the words used in the present tense include the future tense, words in the plural number include the singular number, and works in a singular number include the plural number. The word "shall" is always mandatory and not merely directory.
LOITER
As defined in Title 11, § 1112 of the Delaware Code.[1]
[Added 11-5-2018 by Ord. No. 2018-004]
RESIDE
As defined in Title 11, § 1112 of the Delaware Code.
[Added 8-6-2012 by Ord. No. 2012-08; amended 11-5-2018 by Ord. No. 2018-004]
SCHOOL
As defined in Title 11, § 1112 of the Delaware Code.
[Amended 11-5-2018 by Ord. No. 2018-004]
SEX OFFENDER
As defined in Title 11, § 4121 of the Delaware Code.
[Amended 11-5-2018 by Ord. No. 2018-004]
[1]
Editor's Note: The former definitions of "child-care facility" and "park," which immediately preceded and followed, were repealed 11-5-2018 by Ord. No. 2018-004.
[Amended 11-5-2018 by Ord. No. 2018-004]
It shall be unlawful for any sex offender to reside or loiter within 500 feet of any school located within the Town of Milton. The aforementioned distance shall be measured by following a straight line from the outer property line at the residence or loitering site of the sex offender to the nearest outer property line of the school.
[Amended 8-6-2012 by Ord. No. 2012-08]
The Town shall notify any person who is in violation of this chapter, and the person shall have 60 days to comply with this chapter following notification of the first violation. The sixty-day period for compliance shall not apply to any subsequent violation, including those related to any different residence. The person shall be deemed to have been notified of the violation when he or she has been personally delivered written notice by a member of the Police Department. If a person does not comply with this chapter within the sixty-day period following the person's notification of the first violation, he or she will be in violation of this chapter and subject to the penalties hereunder. Each seven-day period following the expiration of the sixty-day period for compliance shall constitute a separate violation subject to the penalties hereunder.
A. 
The penalty for violation shall be punishable by a fine of up to $1,000.
B. 
Nothing herein shall prevent the Town from pursuing civil remedies, including injunctive relief.
[Amended 8-6-2012 by Ord. No. 2012-08]
A. 
This chapter shall not apply to any sex offender's particular residence which was established prior to the date of adoption of this chapter, November 6, 2006.
[Amended 11-5-2018 by Ord. No. 2018-004]
B. 
The provisions of this chapter are severable. If any section, clause, sentence, part, or provision of this chapter shall be determined to be illegal or invalid by any court of competent jurisdiction, such decision shall not impair or affect the remaining terms, section, and clauses of this chapter.