For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein:
Minor.
A minor is a person younger than seventeen (17) years of age.
Permanent residence.
A place where a person abides, lodges or resides for fourteen (14) or more consecutive days.
Temporary residence.
A place where a person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address or a place where a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent address.
(Ordinance 431 adopted 7/10/06; 2006 Code, sec. 8.801)
For each person required to register on the state department of public safety’s sex offender database (the “database”) because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather, which, for purposes of this article, shall be a public park or dedicated open space greater than forty feet (40') in width, private or public school, or day-care center, as such terms are defined in the comprehensive zoning ordinance of the town. For the purposes of this article, planted street medians are not public parks.
(Ordinance 431 adopted 7/10/06; 2006 Code, sec. 8.802)
(a) 
It shall be prima facie evidence that this article applies to such a person if that person’s record appears on the database, and the database indicates that the victim was less than sixteen (16) years of age.
(b) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described hereinabove, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the town. The town shall review the map at least annually for changes. Said map will be available to the public at the town police department.
(Ordinance 431 adopted 7/10/06; 2006 Code, sec. 8.803)
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) 
The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state prior to the date of the adoption of this article.
(2) 
The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state.
(5) 
The information on the database is incorrect and, if corrected, this article would not apply to the person who was erroneously listed on the database.
(Ordinance 431 adopted 7/10/06; 2006 Code, sec. 8.805)