[HISTORY: Adopted by the Town Council of the Town of Montville 10-14-2010 by Ord. No. 2010-3; amended in its entirety 12-10-2012 by Ord. No. 2012-11. Subsequent amendments noted where applicable.]
Since the Town of Montville has a compelling interest in protecting children from the threat of sexual abuse from 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 sex offenders from entering child safety zones.
When used in this chapter, 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 Section 54-250 of the Connecticut General Statutes, as amended.
- Any natural person who has not reached the age of 18 years.
- CHILD SAFETY ZONE
- Any park, school, playground, recreation center, bathing beach, swimming pool or wading pool, gymnasium, sports field or sports facility, wherein children congregate, 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 Montville, or leased by the Town to another person for the purpose of operating a like facility; to include any and all buildings, land, parking areas or other improvements located on the same parcel on which any of the aforementioned facilities are located, but does not include any public street or public sidewalk located on the outside boundary of Child Safety Zones.
- SEX OFFENDER
- A person who:
- A. 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"; "nonviolent sexual offense"; "sexually violent offense"; or any felony that the Court finds was committed for a "sexual purpose" as those terms are defined in Subdivisions (2), (5), (11) and (12) of Section 54-250 of the Connecticut General Statutes, as amended, and who is required to register with the Commissioner of Public Safety pursuant to Sections 54-251,54-252, 54-253 or 54-254 of the Connecticut General Statutes, as amended.
- B. 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 Subdivisions (2), (5), (11) of Section 54-250 of the Connecticut General Statutes, 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 sex offender to be present in a child safety zone.
Exclusions. This prohibition shall not apply to the following:
To any person whose name has been removed from the Connecticut Department of Public Safety's 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.
To 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.
To the extent that the conduct prohibited by this chapter is in conflict with any sentence or order of probation or parole imposed upon a sex offender.
To any person who enters a child safety zone for the purposes of dropping off or picking up his or her own child, provided that the person leaves the child safety zone immediately after dropping off or picking up his or her child.
To any person who enters a child safety zone for the purpose of meeting with an adult, such as a teacher, administrator or nurse, to discuss his or her own child's medical, educational or general welfare, provided that the person leaves the child safety zone immediately after completing the meeting or discussion.
To any person who is lawfully employed in a position that might require providing services within such child safety zone, as defined herein, for the purpose of providing such employment services. Said person may provide services in the scope of employment only at the discretion of such person's probation or parole officer or, if such person is not on probation or parole, at the discretion of the Chief of Police of the Town or its Resident State Trooper.
The Mayor acting as Chief of Police or Resident State Trooper or his/her designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of this chapter (which notice shall contain a copy of this chapter) to all persons who are listed on the Sex Offender Registry as of the effective date of this chapter 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 Mayor acting as Chief of Police or Resident State Trooper or his/her designee. The failure of any person to receive such actual written notice shall not be a defense to a violation of this chapter.
If a police officer has a reasonable suspicion that a sex offender is in a child safety zone in violation of this chapter, the officer shall require the suspected child sex offender to provide proper identification. If it is established that the individual is a sex offender, then the officer may issue an infraction ticket to the offender and require the offender to leave the child safety zone.
Any person in violation of this chapter shall be fined in the amount of $99 for each violation or the maximum imposed by state statute.
Any provision of this chapter 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 chapter shall serve to validate any activity otherwise prohibited by state or local law or lawfully enacted zoning regulations.
Each child safety zone may be identified by a sign conspicuously posted at the primary entrance to the child safety zone and any building within the child safety zone. In addition, the Town of Montville will make available a map outlining each child safety zone in Montville and a document listing each child safety zone at the Mayor's office and the Montville Town Police Department. All child safety zones similar to the map mentioned above and the document listing each child safety zone in Montville will be placed on the Town of Montville's website for viewing.