[Added 5-19-2015 by Ord.
No. 2015.28]
This article shall be known as the "City of Biddeford Sex Offender
Residency Restriction Ordinance."
The City promotes and strives to create a safe environment for
its citizens to live and raise families and considers the promotion
of the safety and welfare of children to be of paramount importance.
The City recognizes that sex offenders who prey upon children may
have a high rate of recidivism. Notwithstanding the fact that certain
persons convicted of sex offenses or sexually violent offenses are
required to register pursuant to the Maine Sex Offender Registration
and Notification Act of 1999, 34-A M.R.S.A. § 11201 et seq.,
as may be amended from time to time, the City finds that further protective
measures are necessary and warranted to safeguard places where children
congregate. The purpose of this article is to provide such further
protective measures while balancing the interests and residential
needs of sex offenders.
This article is adopted in accordance with the provisions of 30-A M.R.S.A. § 3001 and 30-A M.R.S.A. § 3014, as may be amended from time to time.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Persons convicted of Class A, B or C sex offenses committed
against persons who had not attained 14 years of age at the time of
the offense, regardless of whether the offense was committed in the
State of Maine or another jurisdiction.
The temporary or permanent occupation or use of a place,
including, but not limited to, a domicile, for the purpose of living,
residing or dwelling.
The real property comprising a public or private elementary,
middle or secondary school; and
The real property comprising a municipally owned property or
state-owned property that is leased to a nonprofit organization for
purposes of a park, athletic field or recreation facility that is
open to the public where children are the primary users.
A seven-hundred-fifty-foot radius surrounding restricted
property.
(a)
The
Planning Department, with the assistance of the Police Department,
shall prepare and file with the City Clerk and Police Department an
official map showing restricted property, as defined by this article.
The map is hereby incorporated herein and made a part of this article.[1] The Planning Department, with the assistance of the Police
Department, shall by July 1 of each year recommend updates to the
map to the City Council to reflect any changes in the locations of
any restricted property and setbacks. The City Council may amend the
restricted property official map by Council order, and any amended
official map shall be filed with the City Clerk and the Police Department.
[1]
Editor's Note: Said map is on file in the City offices.
(b)
No
designated sex offender shall reside within the setback of any restricted
property.
A designated sex offender maintaining a residence within the
setback of a restricted property is not in violation of this article
if the residence was established and consistently maintained as a
residence prior to May 19, 2015, the date of adoption of this article.
A designated sex offender is not in violation of this article if the
restricted property is created, moved or enlarged and such creation,
movement or enlargement results in a designated sex offender residing
within the setback of a restricted property, as long as the residence
was in place and consistently maintained prior thereto.
(a)
A designated
sex offender who, 30 days after actual receipt of written notice sent
by regular mail or hand delivered from the City acting by and through
its Police Department, is in violation of this article shall be subject
to an action brought by the City to enforce the requirements of this
article. The City may file a legal action against the violator seeking
any and all remedies to which it is entitled pursuant to state and
local laws, including, without limitation, declaratory and injunctive
relief.
(b)
The
City also may seek a penalty in the minimum amount of $500 per day.
Each day of violation shall constitute a separate violation. In the
event the City is the prevailing party in any action under this article,
it shall be entitled to an award of its reasonable attorney's fees,
court costs and the costs of any expert witness fees incurred by the
City. All civil penalties shall inure to the benefit of the City of
Biddeford.
If any section, phrase, sentence or portion of this article
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
