[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.
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]
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.
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were repealed 9-10-2018 by Ord.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.
