Ordinance Suspended 8/17/09
Town of Wallingford
Child Safety Ordinance
CHAPTER 7. CHILD
SAFETY ORDINANCE
This ordinance is enacted pursuant to the authority
granted the Town in 24 V.S.A. §2291 to promote public health, safety, welfare
and convenience.
§3602.
PURPOSE
It is the purpose of this ordinance to restrict the
residency of sex offenders near schools and recreation facilities, as well as
the presence of sex offenders in schools, recreation facilities, and licensed
day care facilities (or any person caring for two or more non family
members’ children), which the Town hereby defines as a public nuisance being
contrary to the safety and welfare of the citizens of the Town of Wallingford,
pursuant to 24 V.S.A. §2291(14).
§3603.
DEFINITIONS
For the purpose of this ordinance, the following
terms shall have the respective meanings ascribed to them.
(a)
“Sex
offender” means sex offender as defined in
(b)
“School”
means a licensed or accredited public, private or religious school that offers
instruction in pre-school, including other businesses permitted as a school by
the Town of
(c)
“Recreation
facilities” means a park, playground, recreation center, public beach,
swimming pool or wading pool, gymnasium, sports field or sports facility,
including the parking area and land surrounding any of the aforementioned
facilities, which is owned by or under the jurisdiction of any department,
agency or authority of the Town of
(d)
“Licensed
daycare” means any Town of
§3604.
RESIDENCY PROHIBITIONS
(a) It shall be unlawful for
any sex offender to establish a residence or any other living accommodations,
permanent or temporary, whose property lines fall within one thousand (1,000)
feet of a school, recreation facility or licensed daycare in the Town of
(b)
Established
Residents. A sex offender residing within one thousand (1,000) feet of a school,
recreation facility or licensed daycare is not in violation if the residency was
established prior to the effective date of this ordinance and such residency has
been consistently maintained. Changes to property within one thousand (1,000)
feet of a sex offender’s registered address which moves a school, recreation
facility or licensed daycare into the prohibited proximity to the residence of
the sex offender which occur after a sex offender establishes residency shall
not form the basis for finding a sex offender in violation of Section 4304(a) if
the residency has been consistently maintained.
(c)
Sex
Offender Violation by Current Resident. Those citizens of Wallingford already
having established residency within one thousand (1,000) feet of a school,
recreation facility or licensed daycare who are convicted of a violation making
them a sex offender as defined by subsection (a)(1) of this section shall be
found in violation of this ordinance.
(d)
Notice
to Move. Sex offenders in violation of subsection a
and/or d of this ordinance shall, within fifteen (15) days of receipt of
written notice of the sex offender’s noncompliance with this section, move
from said location to a new location, but said new location may not be within
one (1,000) feet of any school, recreation facility or licensed daycare. The
first day following the fifteen day written notice shall be considered the first
violation. Following the first violation, every day that the sex offender
continues to reside within one thousand (1,000) feet of any school, recreation
facility or licensed daycare shall be considered a separate violation.
§3605.
SEX OFFENDER PRESENCE
(a)
Violations.
It shall be unlawful for a sex offender to be present on the property of any
school, recreation facility or licensed daycare. If a law enforcement officer
reasonably believes that a sex offender is on the property of any school,
recreation facility or licensed daycare in violation of this section, the
officer shall require the suspected sex offender to provide his/her name,
address, and telephone number. If it is established that the individual is a sex
offender, then the officer shall issue a written warning that he/she is in
violation of this chapter and require the person to leave the school, recreation
facility or licensed daycare. Subsequently, if the person refuses to leave or is
found at any school, recreation facility or licensed daycare in the Town of
Wallingford in violation of this subsection, the penalties set forth in §4306
shall apply.
(b)
Exceptions.
A sex offender who enters upon a school, recreation facility or licensed daycare
property does not commit a violation of this ordinance if any of the following
apply:
(1)
The property also supports a church, synagogue, mosque, temple or other
house of religious worship, subject to BOTH of the following conditions:
(A)
The sex offender’s entrance and presence upon the property occurs only during
hours of worship or other religious program/service as posted to the public; and
(B) The sex offender does not participate in any religious education
programs that include individuals under
the age
of 18.
(2)
The property also supports a use lawfully attended by a sex offender’s
natural or adopted child(ren), which child’s use reasonably requires the
attendance of the sex offender as the child’s parent upon the property,
subject to the following condition:
(A)
The sex offender’s entrance and presence upon the property occurs only during
hours of activity related to the use as posted to the public.
(3)
The property also supports a polling location in a local, state or
federal election subject to all of the
following
conditions:
(A)
The
sex offender is eligible to vote;
(B)
The
property is the designated polling place for the sex offender; and
(C)
The sex offender enters the polling place property, proceeds to cast a
ballot with whatever usual and
customary assistance is provided to any member of the electorate, and vacates
the property
immediately after voting.
(4)
The property also supports a school lawfully attended by the sex offender
as a student under which
circumstances the sex offender may enter upon the
property supporting the school at which the sex offender is
enrolled, for such purposes and at such times as are
reasonably required for the educational purposes of the
school.
(5)
The property also supports a court, government office or room for public
governmental meetings, subject to all
of the following conditions:
(A)
The sex offender is on the property only to transact business at the government
office or place of business or attend an official meeting of a government body;
and
(B) The sex offender leaves the property immediately upon completion
of the business or meeting.
§3606.
§3606.
PENALTIES
A
violation of this ordinance shall be a civil matter enforced in accordance with
the provisions of 24 V.S.A. section 1974(a) and section 1977 et seq. A civil
penalty of not more than $500.00 may be imposed for a violation of this civil
ordinance.
The
waiver fee shall be set at:
First
offense: $250.00 waiver fee and
notification to offender’s parole officer and/or probation officer and the
Vermont Department of Corrections.
Second
and subsequent offenses: Full
$500.00 fine and notification to offender’s parole officer and/or probation
officer, and the Vermont Department of Corrections.
Any
law enforcement officer shall enforce this section.
Any
person in charge of any facility supervising children under the age of 18
“shall” notify law enforcement immediately if an offender is on or near
their facility, school, recreational facilities or licensed daycare.
§3607.
SEVERABILITY
Each
separate provision of this ordinance and any amendments hereto shall be deemed
independent of all other provisions herein. If any provision of this Ordinance
is declared invalid, all other provisions thereof shall remain valid and
enforceable.
§3608. EFFECTIVE DATE
This
ordinance shall become effective sixty days after its adoption by the
Wallingford Selectboard. If a petition is filed under 24 VSA 1973, that statute
shall govern the taking effect of this ordinance.
Adopted May 18, 2009.
