Sex Offender Restricted Residency Zone Map

This map can be used to check addresses to see if a particular address is within the restricted residency zone for certain sex offenders.

Please click here to see map:   Sex Offender Restricted Residency Zone Map

The city’s residency restrictions applies to registered sex offenders who have been convicted of a crime against a person under the age of 14 years and, as a result, is required to register pursuant to Title 34-A MRSA Chapter 15.

OFFENDER RESTRICTED ZONE 

Sec. 50-280. Purpose.

The city of Lewiston recognizes that it has an obligation to protect the health, safety, and welfare of its children by prohibiting convicted sex offenders from residing in identified areas within the city where there is a significant concentration of children. The city recognizes that sex offenders who prey upon children may have a high rate of recidivism. Notwithstanding that certain persons convicted of sex offenses or sexually violent offenses are required to register with the state, the city finds that further protective measures are necessary and warranted to safeguard places where children congregate. The purpose of the ordinance is to provide such further protective measures, while balancing the interests and residential needs of sex offenders. (Ord. No. 17-19, 12-21-17)

Sec. 50-281. Authority. 

This ordinance is adopted in accordance with the provisions of 30-A M.R.S.A. § 3001 and 30-A M.R.S.A. § 3014, as may be amended from time to time as outlined below. (Ord. No. 17-19, 12-21-17)

Sec. 50-282. Definitions. 

A) Registered Sex Offender – An individual convicted of a crime against a person under the age of 14 years and, as a result, is required to register pursuant to Title 34-A MRSA Chapter 15. B) Sex Offender Restricted Residing Zones – The city has identified the areas of where significant concentrations of children exist under city ordinance 54-8 “Public drinking of alcoholic beverages prohibited.” Also, city ordinance 54-9 “Designation of Drug-Free “Safe Zones” further identifies the locations listed in ordinance 54-8 as “Safe Zones.” C) Residence – the temporary or permanent occupation or use of a place, including but not limited to a domicile, for the purpose of living, residing, or dwelling. D) Domicile - the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave permanently. E) Premises – shall mean the building structure and any accessory buildings attached to or detached from the primary structure, playground area, playing field, or courts. F) Radius – distance shall be measured from the property line of the school, as defined above, closest to a registered sex offender’s residence. (Ord. No. 17-19, 12-21-17)

OFFENSES AND MISCELLANEOUS PROVISIONS

Sec. 50-283. Restrictions. 

A) Any person, who is a registered sex offender, as defined above, shall not reside within a 750 foot radius of the property line of a school, “safe zone”, or premise as defined above. (Ord. No. 17-19, 12-21-17)

Sec. 50-284. Exceptions. 

A) A designated Sex Offender maintaining a residence within the radius from a school, “safe zone”, or premise as defined above is not in violation if the residence was established and consistently maintained as a residence prior to the date of passage of this ordinance. A designated Sex Offender is not in violation of this ordinance if the school, “safe zone”, or premise as defined above is created, moved or enlarged which results in a designated Sex Offender residing within the radius of a school, “safe zone”, or premise as defined above as long as the residence was in place and consistently maintained prior thereto.

B) A property owner leasing or renting a residence for use by a designated Sex Offender within the radius of a school, “safe zone”, or premise as defined above is not in violation if the residence was established and consistently maintained as a residence prior to the passage of this ordinance. A property owner is not in violation of this ordinance if the school, “safe zone”, or premise as defined above is created, moved or enlarged which results in a designated Sex Offender residing within the radius of a school, “safe zone”, or premise as defined above as long as the residence was in place and consistently maintained prior thereto.

C) A designated Sex Offender shall not be in violation of this ordinance for residing in a residence within the 750 foot radius of the property line of a school, “safe zone”, or premise as defined above if all of the following conditions are met: (1) the residence in question is owned by the offender or an immediate family member, (2) it is not the residence of anyone who was victimized by the offender, and (3) no probation conditions restrict the offender from living in a residence within the safe zone radius. For purpose of this exception, immediate family is defined as a parent; sibling; child by blood, adoption, or marriage; spouse; grandparent, or grandchild. (Ord. No. 17-19, 12-21-17)

Sec. 50-285. Violation; injunctive relief and penalties. 

A) A designated Sex Offender who, thirty (30) days after written notice from the city of Lewiston, is in violation of Section 50-283(A) of this Ordinance shall be subject to an action brought by the city of Lewiston in District Court or Superior Court to enforce the requirements of this Ordinance. The city of Lewiston may seek a penalty in the minimum amount of $500 per day, for each day of violation of Section 50-283(A) of this Ordinance after thirty (30) days.

In the event the city of Lewiston is the prevailing party in any action under this Ordinance, 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 city of Lewiston.

B) Property Owners who, thirty (30) days after written notice from the city of Lewiston, leases or rents any residence to a designated Sex Offender within the radius of school, “safe zone”, or premise as defined above shall be subject to an action brought by the city of Lewiston in District Court or Superior Court to enforce the requirements of this Ordinance.

The city of Lewiston may seek a penalty in the minimum amount of $500 per day, for each day of violation of Section 50-283(A) of this Ordinance after thirty (30) days.

 In the event the city of Lewiston is the prevailing party in any action under this Ordinance, 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 city of Lewiston. (Ord. No. 17-19, 12-21-17).

For more information or to answer questions, please contact Det. Thomas Murphy at 513-3001 ext. 3352 or email him at tmurphy@lewistonmaine.gov