[HISTORY: Adopted by the Town Council of the Town of Windham 11-10-2020 by Order 20-245 (Ch. 190 of the 1991 Code). Amendments noted where applicable.]
A. 
This chapter is enacted pursuant to 30-A M.R.S.A. § 3014. This chapter is intended to be coextensive with the maximum residency restrictions permitted by 30-A M.R.S.A. § 3014.
B. 
The Planning Department with the assistance of the Police Department shall prepare, maintain, and file with the Town Clerk an official map showing prohibited locations as defined by this chapter. The Planning Department will update the map at least annually to reflect any changes in the locations of any restricted property and setbacks and file the updated map with the Town Clerk.
As used in this chapter, 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.
PROPERTY OWNER
The person owning real estate affected by this chapter as shown by the current Tax Maps on file in the office of the Town Assessor or the records at the Cumberland County Registry of Deeds.
RESIDENCE
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.
RESTRICTED PROPERTY
A. 
The real property comprising a public or private elementary, middle, or secondary school.
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.
C. 
See § 173-6, Restricted property.
SETBACK
A 750-foot radius surrounding the restricted property.
A. 
No designated sex offender shall reside within a 750-foot setback of any restricted property.
B. 
No property owner may lease, rent, or allow residential use of real property by a designated sex offender within the 750-foot setback from any restricted property.
A. 
A designated sex offender maintaining a residence within the setback from restricted property is not in violation if the residence was established and consistently maintained as a residence prior to the date of passage of this chapter. A designated sex offender is not in violation of this chapter if the restricted property is created, moved or enlarged which results in a designated sex offender residing in a setback as long as the residence was in place and consistently maintained prior thereto.
B. 
A property owner leasing or renting a residence for use by a designated sex offender within the setback of a restricted property is not in violation if the residence was established and consistently maintained as a residence prior to the date of passage of this chapter. A property owner is not in violation of this chapter if the restricted property is created, moved or enlarged which results in a designated sex offender residing in the setback as long as the residency was in place prior to the creation, movement or enlargement and the residency has been consistently maintained.
A. 
A designated sex offender who, 30 days after written notice from the Town of Windham, is in violation of § 173-3A of this chapter shall be subject to an action brought by the Town of Windham to enforce the requirements of this chapter. The Town of Windham may seek injunctive relief to require compliance with the provisions of this chapter. The Town of Windham may also seek a penalty in the minimum amount of $500 per day for each day of violation of § 173-3 of this chapter after 30 days. In the event the Town of Windham is the prevailing party in any action under this chapter, is shall be entitled to an award of its reasonable attorneys' fees, court costs and the costs of any expert witness fees incurred by the Town of Windham.
B. 
Property owners who, 30 days after written notice from the Town of Windham, lease or rent any residence to a designated sex offender within the setback from a restricted property shall be subject to an action brought by the Town of Windham to enforce the requirements of this chapter. The Town of Windham may seek injunctive relief to require compliance with the provisions of this chapter. The Town of Windham may also seek a penalty in the minimum amount of $500 per day, for each day of violation of § 173-3 of this chapter after 30 days. In the event the Town of Windham is the prevailing party in any action under this chapter, it shall be entitled to an award of its reasonable attorneys' fees, court costs and the costs of any expert witness fees incurred by the Town of Windham.
The following properties are designated as restricted properties because children are the primary users:
A. 
Schools.
(1) 
Windham Primary School.
(2) 
Windham Middle School.
(3) 
Windham High School.
(4) 
Windham Manchester School.
(5) 
Windham Christian Academy.
B. 
Municipally or privately owned recreation facilities.
(1) 
Donnabeth Lippman Park.
(2) 
Dundee Park.
(3) 
Windham Town Hall playground.
(4) 
Lowell Preserve playground and ball field.
(5) 
Windham Community Park.
(6) 
Lincoln Field.