[HISTORY: Adopted by the Legislative Council of the Town
of Newtown 7-6-2011. Amendments
noted where applicable.]
Since the Town of Newtown 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any park, school, playground, recreation center, bathing beach,
swimming pool or wading pool, gymnasium, sports field, trail, passive
recreation area, open space parcel, 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 Newtown;
Is 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, trail, passive recreation
area, open space parcel, 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 or public sidewalk located on the outside boundary
of Child Safety Zones.
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"; 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 Section 54-251, 54-252, 54-253 or 54-254
of the Connecticut General Statutes, as amended.
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 Subdivisions (2), (5), and (11) of Section 54-251 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 child sex offender to be present
in a Child Safety Zone.
This chapter will not apply to the following:
A.
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 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.
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.
D.
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.
E.
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 or educational issues, provided that
the person leaves the Child Safety Zone immediately after completing
the meeting or discussion.
The Chief of Police 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 the 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 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.
A.
If a police
officer reasonably believes that a child sex offender is in a Child
Safety Zone in violation of this chapter, 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 chapter shall be fined in the amount of $250
for each violation or the maximum imposed by state statute.
Each Child Safety Zone shall 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 Newtown will
make available a map outlining each Child Safety Zone in Newtown and
a document listing each Child Safety Zone at the First Selectman’s
Office and the Newtown Police Department. All Child Safety Zones similar
to the map mentioned above and the document listing each Child Safety
Zone in Newtown will be placed on the Town of Newtown’s web
site for viewing.
A.
The Newtown
Police Department will maintain a sexual offender registration book
of Newtown sexual offender registrants. It should be known as the
"Newtown Sexual Offender Registry" (Registry).
B.
The Newtown
Sexual Offender Registry will be available for public view and shall
be kept in the records area. Upon request by an individual present
at the Newtown Police Department, the Registry shall be made available
for viewing. The Town will not make copies of any part of the Registry;
specific Registry information shall not be given out over the phone.
C.
Although
the Connecticut Department of Public Safety by Connecticut General
Statute is responsible for maintaining the Sex Offender Registry,
the Newtown Police Department will still be required to maintain a
copy of the registration information for all registrants residing
within its jurisdiction in the Newtown Sexual Offender Registry.
D.
When a
local registrant is released from the obligation to register, the
Connecticut Department of Public Safety shall notify the Newtown Police
Department that the person is no longer a registrant. The Newtown
Police Department shall then remove and destroy all Registry information
pertaining to the person and shall make no further disclosure of such
information.
