[HISTORY: Adopted by the Town Meeting of
the Town of Madison 6-7-2010.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 308, Sex Offenders, adopted 3-5-2007.
The Town of Madison recognizes that sex offenders who prey upon
children have a high rate of recidivism. The Town of Madison has an
obligation to protect the health, safety, and welfare of its children
by prohibiting access by convicted sex offenders to areas where a
concentration of children under the age of 16 years exists.
The following definitions have the literal meaning as they pertain
to this chapter only.
The building structure, and any accessory buildings attached
to or detached from the primary structure, playground area, playing
field, or courts.
Those areas listed in the Selectmen's "Policy to protect
children using Madison's athletic fields and parks" dated June
12, 2018.[1]
[Amended 6-11-2018]
Distance shall be measured from the property line of the
school, home school or day-care center, as defined above, closest
to a registered sex offender's residence.
An individual convicted of a crime against a person under
the age of 16 years and, as a result, is required to register for
life pursuant to Title 34-A M.R.S.A. Chapter 15.
Any public or private educational facility including home
schools that provides services to students under the age of 16 years
or any licensed day-care facility that is clearly marked with at least
one sign.
A.
Any person, who is a registered sex offender, as defined above, shall
not reside within a seven-hundred-fifty-foot radius of the property
line of a school, home school, day-care center, or public area as
defined above.
B.
Any person who is a registered sex offender, as defined above, is
prohibited from entering upon the premises of a school, home school,
day-care center, or public area as defined above, unless specifically
authorized by the School Superintendent, day-care center owner or
Town Manager and/or Recreation Director.
A registered sex offender residing within a seven-hundred-fifty-foot
radius of a school, home school, day care, or public area as defined
above, is not in violation if the residency was established prior
to the date of adoption of this chapter and the registered sex offender's
residency has been continuously maintained. A registered sex offender
is not in violation of this chapter if a school, home school, day
care, or public area as defined above, is located or expanded to within
a seven-hundred-fifty-foot radius of his/her residence after the adoption
of this chapter, and the registered sex offender's residency
has been continuously maintained.
A.
Any person who, 30 days after written notice from the Town of Madison, is in violation of § 308-3A of this chapter shall be subject to an action brought by the Town of Madison in the District Court or the Superior Court to enforce the requirements of this chapter. Any person who, after verbal notice from a police officer employed by the Town of Madison is in violation of § 308-3B of this chapter shall be subject to an action brought by the Town of Madison in the District Court or Superior Court to enforce the requirements of this chapter. The Town of Madison may seek injunctive relief to require compliance with the provisions of this chapter.
B.
The Town of Madison may also seek a penalty in the minimum amount of $500 per day, for each day that a violation of § 308-3A of this chapter continues, and a minimum amount of $100 per day, for each day that a violation of § 308-3B of this chapter continues after notice of violation from the Town of Madison. In the event that the Town of Madison is the prevailing party in any action under this chapter, it shall be entitled to an award of its reasonable attorney's fees, court costs and the costs of any expert witness fees incurred by the Town of Madison.
This chapter shall take effect upon adoption at a Town Meeting
of the Town of Madison.
