[HISTORY: Adopted by the Town of Ridgefield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-18-2009]
Since the Town of Ridgefield (the "Town") has a compelling interest
in protecting children from the threat of sexual abuse from child
sex offenders, it is hereby resolved that, to preserve and promote
the health, safety and general welfare of the children of the Town,
it is in the common interest to enact reasonable regulations restricting
child sex offenders from entering child safety zones.
When used in this article, the terms, phrases, words and derivations
shall have the meanings set forth thereafter. When not inconsistent
with the context, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory. Terms not defined below
shall have the meanings set forth in C.G.S. § 54-250, as
amended.
Any park, school, playground, recreation center, bathing
beach, swimming pool or wading pool, gymnasium, sports field, or sports
facility, which is under the jurisdiction of any department, agency,
or authority of the Town, including but not limited to the Board of
Education of the Town of Ridgefield, or leased by the Town to another
person for the purpose of operating a park, school, playground, recreation
center, bathing beach, swimming pool or wading pool, gymnasium, sports
field, or sports facility. "Child safety zone" includes any and all
buildings, land, parking area or other improvements located on the
same parcel on which each of the aforementioned facilities is located
but does not include any public street and also does not include any
public sidewalk which is located on the outside boundary of a child
safety zone. A document listing every child safety zone in the Town
and a map illustrating every child safety zone in the Town will be
available at the Ridgefield Town Hall.
A person who has been convicted or found not guilty by reason
of mental disease or defect of a "criminal offense against a victim
who is a minor," "a nonviolent sexual offense," a "sexually violent
offense," or any felony that the court finds was committed for a "sexual
purpose," as those terms are defined in C.G.S. § 54-250(2),
(5), (11) and (12), as amended, and who is required to register with
the Commissioner of Public Safety pursuant to C.G.S. § 54-251,
54-252, 54-253 or 54-254, as amended; or
A person who has been convicted or found not guilty by reason
of mental disease or defect in any other state, in a federal or military
court or in any foreign jurisdiction of any crime the essential elements
of which are substantially the same as any of the crimes specified
in C.G.S. § 54-250(2), (5) and (11), as amended, and which
requires registration as a sexual offender in such other state or
in the federal or military system, and who resides in this state on
and after October 1, 1998.
It shall be unlawful for a child sex offender to be present
in a child safety zone.
This article shall not apply to:
A.
Any person whose name has been removed from the Connecticut Department
of Public Safety's Sex Offender Registry ("Sex Offender Registry")
or from the registry of any other state or in the federal or military
system by act of a court or by expiration of the term such person
is required to remain on such registry.
B.
Any person entering into a facility in a child safety zone for the
sole purpose of voting in any municipal, state or federal election
or referendum, provided that the person leaves the facility immediately
after voting.
C.
The extent that the conduct prohibited by this article is in conflict
with any sentence or order of probation or parole imposed upon a sex
offender.
The Chief of Police or his designee shall make reasonable efforts
to provide prompt, actual written notice of the enactment of this
article (which notice shall contain a copy of this article) to all
persons who are listed on the Sex Offender Registry as of the effective
date of this article, as well as those persons who are added to the
Sex Offender Registry thereafter, which persons' addresses (as
shown on the Sex Offender Registry) are within the Town. Such notice
requirement may be satisfied by the mailing of such notice by registered
or certified mail, return receipt requested, to the last known address
of such person as listed on the Sex Offender 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 article.
A.
If a police officer reasonably believes that a child sex offender
is in a child safety zone in violation of this article, the officer
shall require the suspected child sex offender to provide his/her
name, address, and telephone number. If it is established that the
individual is a child sex offender, then the officer may issue an
infraction ticket to the offender and require the offender to leave
the child safety zone.
B.
Any person in violation of this article shall be fined in the amount
of $250 for each violation or the maximum imposed by state statute.
Any provision of this article held to be unconstitutional or
superseded by state law or regulation shall not serve to invalidate
the remaining unaffected provisions hereof. No provision of this article
shall serve to validate any activity otherwise prohibited by state
or local law or lawfully enacted zoning regulations.
