[Ord. of 11-10-2007]
The Connecticut Legislature has determined that persons convicted,
or found not guilty by reason of mental disease or defect [as defined
in Connecticut General Statutes Section 54-250(6), as amended], of
certain criminal and sexual offenses against minors and sexual offenses
against others present a continuing and persistent danger to the health
and safety of the public such that registration of those individuals
is required with the Connecticut Commissioner of Public Safety ("registry").
According to the registry, certain of these registered individuals
("registrant") reside within New Milford. The Town of New Milford's
parks, playgrounds, educational, recreational and sports facilities
are provided and furnished for the use of children and families, and
the Town of New Milford has a compelling interest in protecting children
from the threat of sexual abuse and predation.
[Ord. of 11-10-2007]
The public health, safety and welfare of the children of the
Town of New Milford, in particular, and the people of the community
at large will be best served by keeping persons required to register
with the registry pursuant to Connecticut General Statutes Sections
54-251, 54-252, 54-253 or 54-254 away from children on and in municipal
property, parks and facilities used for education, recreation, sports
and youth activities. The purpose of this chapter is to protect children
by defining such child safety zones and by prohibiting sex offenders
from entering into those places.
[Ord. of 11-10-2007]
As used in this chapter, the following terms shall have the
meanings indicated:
mean a public park, playground, beach, recreation and/or
teen center, sports facility, sports field, youth garden, youth farm
enterprise, school or educational facility, including land on which
such facilities are located (including such facilities' parking
areas), which is used for educational, recreational, sports, youth
activities or child-care purposes and which is owned or under the
control of any municipal agency including, without limitation, the
Board of Education. "Child safety zone" does not include any public
street or highway, nor does it include a sidewalk that is located
outside the boundaries of a child safety zone.
mean any person who has been convicted or found not guilty
by reason of mental disease or defect, in this or any other state,
jurisdiction or federal or military court, of a "criminal offense
against a victim who is a minor" or "a nonviolent sexual offense,"
a "sexually violent offense" or any felony that the court has found
"was committed for a sexual purpose" as those terms are defined in
Connecticut General Statutes Sections 54-250, Subsections (2), (5),
(11) and (12), and who is required to register with the registry as
a result of such criminal activity pursuant to any provision of the
Connecticut General Statutes as amended. In the case of any other
state, jurisdiction or federal or military court, such person shall
be considered a sex offender if the conviction or acquittal by reason
of mental disease or defect is for any crime the essential elements
of which are substantially the same as the crimes and offenses described
in Connecticut General Statutes Section 54-250(2), (5) and (11).
[Ord. of 11-10-2007]
(a)
It shall be unlawful for a sex offender to be present in any child
safety zone.
(b)
This chapter shall not apply to any person whose name has been removed
from the registry or from the registry of any other state, jurisdiction
or federal or military registration system as a result of court order
or expiration of the term of such person's registration requirement.
(c)
No registrant shall be considered in violation of this chapter if
such person enters a child safety zone that is being used as a polling
place in any governmental election or referendum, provided such registrant
leaves the facility and zone immediately after voting. No registrant
shall be considered in violation of this chapter if such person is
a custodial parent and enters a zone for the purpose of dropping off
or picking up his or her child, provided the registrant leaves the
zone immediately after dropping the child off or picking the child
up. No registrant shall be considered in violation of this chapter
if such person is a custodial parent and enters a zone for the sole
purpose of meeting with an adult to discuss such child's medical
care or condition or educational program, including, without limitation,
meeting with such child's teachers, faculty members and/or school
staff members, provided such registrant leaves the facility immediately
upon completion of such meeting.
(d)
This chapter shall not apply to the extent that the conduct which
is prohibited by this chapter is in conflict with the terms of a judicially
imposed sentence, order of probation or condition of parole which
has been imposed upon a specific individual who is a sex offender.
[Ord. of 11-10-2007]
(a)
By the effective date of this chapter, the New Milford Chief of Police
or his designee shall promptly make reasonable efforts to provide
actual written notice of the passage of this chapter (which notice
shall contain a copy of the ordinance) to all registrants who, according
to registry records, reside in New Milford as well as those persons
who are thereafter added to the registry and reside in New Milford
and registrants who move to New Milford. Such notice requirement may
be satisfied by the mailing of such notice by certified mail, return
receipt requested, to the last known address of such person as listed
on the registry or as otherwise known to the Chief of Police. The
failure of any person to receive such actual written notice shall
not be a defense to a violation of this chapter.
(b)
Each child safety zone shall be identified as such by a sign conspicuously
posted at the primary entrance of or within the zone. The sign shall
provide a warning that the area is a child safety zone and that the
presence therein or thereon by a registered sex offender is a violation
of a municipal ordinance punishable by a fine.
[Ord. of 11-10-2007]
Any sworn member of the New Milford Police Department is authorized to enforce this chapter. If a police officer reasonably believes that a sex offender is in a child safety zone in violation of this chapter, the officer shall require that such person provide his or her name, address and telephone number. If it is established that the individual is a sex offender, the officer shall then issue a written warning that such person is in violation of this chapter and require the person to leave the Zone. If the person refuses to leave or is later found to be in the same or any other child safety zone, the officer may issue a citation, and the penalties set forth in § 26-7 of this chapter shall apply.
[Ord. of 11-10-2007; Ord. of 12-8-2008]
Any person who violates the provisions of this chapter shall
be fined in the amount of $250 for each violation. Fines under this
chapter shall abate in the event the prohibited conduct results in
a conviction for a new criminal offense under any applicable state
or federal law or when the prohibited conduct is the basis for and
results in the revocation of any condition of parole or probation.
[Ord. of 11-10-2007]
If any provision of this chapter is determined to be invalid
by a court of competent jurisdiction, the remaining provisions shall
not be affected and shall remain in full force and effect. If any
provision of this chapter is judicially determined to be in conflict
or inconsistent with state law, state law shall prevail.
