Town of Bridgeville, DE
Sussex County
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[HISTORY: Adopted by the Board of Commissioners of the Town of Bridgeville as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-6-2006 by Ord. No. A06-1]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
[1]RESIDE
To dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.
[Added 9-10-2018 by Ord. No. 18-2]
SCHOOL
Any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age.
SEXUAL OFFENDER
Any person over the age of 18 who is registered as a sex offender pursuant to Title 11, Chapter 41, Subchapter III, of the Code of Delaware.
[1]
Editor's Note: The former definitions of "child-care facility" and "park," which immediately preceded this definition, were repealed 9-10-2018 by Ord. No. 18-02.
[Amended 9-10-2018 by Ord. No. 18-2]
It shall be unlawful for any sex offender to reside within 500 feet of any school located within the Town of Bridgeville. The distance of 500 feet shall be measured by following a straight line from the outer property line of the residence of the sex offender to the nearest outer property line of the school.
The Town shall notify any person who is in violation of this article and the person shall have 60 days to comply with this article. The person shall be deemed to have been notified of the violation when he or she has been personally delivered written notice by an agent of the Town, including the Town Building Official, the Bridgeville Police, or an agent designated by the Town Manager. If the person does not comply with this article within the 60 days, he or she will be in violation of this article. The penalty for a violation shall be imprisonment for a term not exceeding 90 days and a fine not exceeding $1,000, or both. The Town may elect to pursue civil remedies, including injunctive relief.
[Amended 9-10-2018 by Ord. No. 18-2]
This article shall not apply to any sex offender who has established a residence prior to the date of adoption of this article, and shall not apply if the school was established subsequent to the establishment of the sex offender's residence.
See Chapter 1, General Provisions, Article I, Adoption of Code, § 1-6, Severability.