City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Westbrook 9-17-2007; amended 9-14-2009 (Ch. 25, Art. III, of the 2007 Code). Subsequent amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001 and amended pursuant to 30-A M.R.S.A. § 3014.
In acknowledgement that sex offenders who prey upon children are at a higher risk of reoffending, the City of Westbrook has a compelling interest to protect the health, safety, and welfare of its children by restricting access to areas where concentrations of children exist.
As used in this chapter, the following terms shall have the meanings indicated:
REGISTERED/CONVICTED SEX OFFENDER
An individual convicted of a crime listed in former Title 17 M.R.S.A. §§ 2922 to 2924, or Title 17-A M.R.S.A. Chapter 11 or 12 or 17-A M.R.S.A § 556; for an attempt or solicitation of those listed crimes; or for any former or current crime in any other jurisdiction in which the person engaged in substantially similar conduct to that of the earlier specified current or former Maine crimes, in this state or in another jurisdiction, against persons who had not attained 14 years of age at the time of the offense.
RESIDENCE
That place or those places, other than a domicile, in which a person may spend time living, residing, or dwelling.
SCHOOL
Any public or private elementary, middle or secondary school.
Any person who is a convicted sex offender involving a person under 14 years of age shall not reside within a maximum distance of 750 feet of the property line of a school, or within a maximum distance of 750 feet surrounding the real property comprising a municipally owned property where children are the primary users.
A convicted sex offender residing within 750 feet of a school or within a maximum distance of 750 feet surrounding the real property comprising a municipally owned property where children are the primary users is not in violation of this chapter if the residency was established prior to the date of passage or amendment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who, after written notice from the City about the requirements of this chapter, remains in violation of the provisions of this chapter shall be subject to an action brought by the City in the District Court or Superior Court to enforce the requirements of this chapter. The City may seek injunctive relief to require compliance with the provisions of the chapter. The City may also seek a penalty in the minimum amount established in Chapter A401, Master Fine Schedule, which may be imposed on a daily basis for each day that a violation continues after notice from the City. In the event that the City is the prevailing party in an action under this chapter, it shall be entitled to an award of its reasonable attorneys' fees, expert witness fees, or any other associated costs.
In the event that any section or any portion of this chapter shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section or portion of this chapter. The provisions of this chapter are hereby declared to be severable.