[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-16-2006 by Ord. No. 06-09]
For the purposes of this article, 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 words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
A licensed day-care center, a licensed child-care facility,
or any other child-care services facility exempt from licensing pursuant
to the laws of the State of Delaware.
Any land, or tract of land, or facility used for passive
or active recreation, including, but not limited to, playgrounds,
parks, skate parks, athletic fields, and any other facility owned
or operated by the City of Harrington, Kent County, or the State of
Delaware.
Any preschool, kindergarten, elementary school, secondary
school, vocational/technical school, or any other institution which
has as its primary purpose the education or instruction of children
under 16 years of age.
Any person who is registered as a sex offender pursuant to
Title 11, Chapter 41, Subchapter III, of the Delaware Code.
It shall be unlawful for any sex offender to
reside, lodge, abide, or live within 2,500 feet of any school, park,
or child-care facility located within the City of Harrington. The
distance of 2,500 feet shall be measured by following a straight line
from the outer property line at the residence or lodging of the sex
offender to the nearest outer property line of the school, park, or
child-care facility.
[Amended 12-15-2008 by Ord. No. 08-07]
The City shall notify any person who is in violation
of this article, and the person shall have 60 days to comply with
this article. 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 article within the sixty-day period, he or she will
be in violation of this article.
The penalty for violation of this article shall
be a fine of up to $1,000. Nothing herein shall prevent the City from
pursuing civil remedies, including injunctive relief.
This article shall not apply to any sex offender
who has established a residence prior to the date of adoption of this
article. This article shall not apply if the school, park, or child-care
facility was established subsequent to the establishment of the sex
offender's residence.
