[HISTORY: Adopted by the City Council of the City of Saco as indicated in article histories. Amendments noted where applicable.]
Article I Residency Restrictions
This article shall be known as the "City of Saco Sex Offender Residency Restriction Ordinance."
The City promotes and strives to create a safe environment for its citizens to live and raise families in 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, and for this reason extra protective measures are beneficial to the community and its children. 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 play and 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.
As used in this article, the following terms shall have the meanings indicated:
- DESIGNATED SEX OFFENDER(S)
- Person(s) 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.
- A. The real property comprising a public or private elementary, middle or secondary school; and
- B. 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 radius of 750 feet surrounding restricted property.
The Public Works 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 (to be called the "Restricted Property Map"), as defined by this article. Said map is hereby incorporated herein and made a part of this article. The Police Department shall, by July 1 of each year, recommend updates of the Restricted Property Map to the City Council to reflect any changes in the locations of any restricted property and setbacks. The City Council shall review any proposed changes recommended by the Police Department at public hearing and may thereafter amend the Restricted Property Map by Council Order. The official Restricted Property Map, and all amendments thereafter, shall be filed with the City Clerk and the Police Department. If the Police Department does not forward or recommend any changes or revisions to the Restricted Property Map, then the existing Restricted Property Map shall remain in force and effect until the succeeding July 1.
No designated sex offender shall reside within the setback of any restricted property, except as may be permitted below pursuant to § 177-6.
Restricted property list:
Thornton Academy, 438 Main Street.
Middle School, 40 Buxton Road.
Young School, 36 Tasker Street.
Burns School, 135 Middle Street.
Fairfield School, 75 Beach Street.
Community Center, 75 Franklin Street.
Pepperell Park, Beach Street.
Diamond Riverside Park, Irving Street.
Saco Little League Field, Summer Street.
Parks and Recreation maintained playgrounds and athletic fields at the following locations:
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 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. The Police Chief has the discretion, in the chief's judgment, to waive the residency restrictions.
The Restricted Property Map shall be posted in the City Planning Department with all City Zoning Maps, and a copy shall also be posted at the Saco Police Station at a place easily visible by the public. The City shall also post the Restricted Property Map on the City's official website. The City may, at its option, also mail a copy of the Restricted Property Map to the owners of all rental properties located within the City of Saco, so they are also on notice as to the location of all restricted properties.
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.
The City may also 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 Saco.
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.