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.
[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]
[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.
[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.