REGISTERED SEX OFFENDE RESTRICTIONS
Sec. 27-1 Definitons
Sec.
27-2 Residency Restrictions
Sec. 27-3 Safety Zones
Sec.
27-4 Postings
Sec.
27-5 Exemptions
Sec.
27-6 Enforcement
Sec.
27-7 Task Force
Sec.
27-8 Severability
CHAPTER 27 - REGISTERED SEX OFFENDER RESTRICTIONS
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Registered Sex Offender" for the purposes of this Chapter shall mean: (a) any person who is designated as a sexually violent predator pursuant to Chapter 6, § 178C of the Massachusetts General Laws and who is required to register as a sex offender pursuant to the guidelines of the Sex Offender Registry Board; (b) any person who is required to register as a Sex Offender pursuant to Chapter 6, § 178C of the Massachusetts General Laws and who is finally classified as a Level 3 offender pursuant to the guidelines of the Sex Offender Registry; and (c) any person who is required to register as a Sex Offender pursuant to Chapter 6, § 178C of the Massachusetts General Laws, who is finally classified as a Level 2 offender pursuant to the guidelines of the Sex Offender Registry, and who has committed a Sex Offense against a Child, an Elder and/or a Mentally Retarded Person.
"Sex offender" and "Sex offense" shall have the same meaning as provided for in MGL Chapter 6, § 178C.
"Child" or "Children" shall mean persons under eighteen (18) years of age.
"Elder" or "Elderly" shall mean persons over fifty-five (55) years of age.
"Mentally Retarded Person" shall mean, pursuant to MGL c. 123B, § 1, a person who, as a result of inadequately developed or impaired intelligence, as determined by clinical authorities as described in the regulations of the Department of Mental Retardation, is substantially limited in his or her ability to learn or adapt, as judged by established standards available for the evaluation of a person's ability to function in the community.
"Park" includes active and passive public land designated for recreational or athletic use by the City of Methuen, the Commonwealth of Massachusetts or any other governmental subdivision, and located within the City of Methuen.
"School" any public or private educational facility that provides educational instruction to Children in grades pre-K through 12. For the purposes of definition of School a public library shall be considered an educational facility and is thereby incorporated herein this definition.
"Day Care Center" any establishment, whether public, private or parochial, which provides care for Children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Office of Child Care Services.
"Recreational facility" includes, but is not limited to, a playground, a forest preserve, jogging trail or running track, hiking trail, beach, water Park, wading pool, soccer field, baseball field, football field, basketball court or hockey rink, mini-golf business, video arcade, laser tag establishment, Boys and Girls Club(s), skate park, dance or gymnastic studio, movie theater, martial arts school or family-oriented pool hall, whether publicly or privately owned, to which the public has a right of access as an invitee and which is located within the City of Methuen.
"Loiter" means remaining in or around property and/or buildings designated herein for more than fifteen (15) minutes.
"Elderly Housing Facility" includes any building, which provides a group residence for the Elderly and is located within the City of Methuen. "Elderly Housing Facility" means a building or buildings on the same lot containing four (4) or more dwelling units restricted to occupancy by households having one or more members fifty-five (55) years of age or older.
"Facility for the Mentally Retarded " includes facilities under the jurisdiction of the Department of Mental Retardation, and which is located within the City of Methuen.
"Permanent Residence" A place where a person lives, abides, lodges, or resides for five (5) or more consecutive days or fourteen (14) or more days in the aggregate during any calendar year.
"Temporary Residence" A place where a person lives, abides, lodges, or resides for a period of less than five (5) consecutive days or fourteen (14) days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.
"Establishing a Residence" means to set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property (including a renewal or extension of a prior agreement whether through written execution or automatic renewal).
Section 27-2. Residency Restrictions
A. Prohibition.
A Registered Sex Offender is prohibited from establishing a Permanent Residence or Temporary Residence within one thousand (1,000) feet of any School, Public Library, Day Care Center, Park, other Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded.
B. Evidentiary matters; measurements.
For purposes of determining the minimum distance separation under this section, the distance shall be measured by following a straight line from the outer property line of the Permanent or Temporary Residence to the nearest outer property line of any School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded.
C. Exceptions.
A Registered Sex Offender residing within one thousand (1,000) feet of any School, Public Library, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded does not commit a violation of this section if any of the following apply:
1. The Registered Sex Offender established the Permanent Residence prior to the effective date of this ordinance, and
a. Permanent Residence was established by purchasing the real property where the residence is established, as long as the Registered Sex Offender continues to reside therein, and does not move to another restricted location in Methuen different from, the Permanent Residence established prior to the effective date of this ordinance, or
b. Permanent Residence was established through a valid, fixed-term, written lease or rental agreement, executed prior to the effective date of this ordinance, as long as the Registered Sex Offender continues to reside within, and does not move to another restricted location in Methuen different from, the Permanent Residence established prior to the effective date of this ordinance, or
c. Permanent Residence was established through a verbal lease or rental agreement at the will of the landlord, as long as the Registered Sex Offender continues to reside within, and does not move to another restricted location in Methuen different from, the Permanent Residence established prior to the effective date of this ordinance.
2. The Registered Sex Offender is a minor living with his or her parent(s) or legal guardian(s), which parent(s) or legal guardian(s) has (have) established a Permanent Residence pursuant to §1.C.1.
3. The School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded within one thousand (1,000) feet of the Registered Sex Offender's Permanent Residence was opened after the Registered Sex Offender established the Permanent Residence.
D. Forfeiture of exception.
If, either after the effective date of this ordinance or after a new School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded opens, a complaint or an indictment is issued by a court against a Registered Sex Offender otherwise protected by an exception under this subsection C, that such Sex Offender has committed another Sex Offense, he/she will immediately forfeit that exception and be required to comply with this section.
E. Notice to move.
A Registered Sex Offender who resides on a permanent or temporary basis within one thousand (1,000) feet of any School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded shall be in violation of this section and shall, within thirty (30) days of receipt of written notice of the Registered Sex Offender's noncompliance with this ordinance, move from said location to a new location, but said location may not be within one thousand (1,000) feet of any School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded. It shall constitute a separate violation for each day beyond the thirty (30) days the Registered Sex Offender continues to reside within one thousand (1,000) feet of any School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded. Furthermore, it shall be a violation each day that a Registered Sex Offender shall move from one location in the City to another that is within one thousand (1,000) feet of any School, Day Care Center, Park, Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded.
F. Penalties.
Any violation of this section shall be enforced by non-criminal disposition pursuant to MGL c. 40, § 21D, as follows:
1. First Offense by Registered Sex Offender: Non-criminal fine of $150.00 and notification to offender that he/she has thirty (30) days to move.
2. Subsequent Offense by Registered Sex Offender: Non-criminal fine of $300.00 and notification to offender's parole officer and/or probation officer, and the Commonwealth's Sex Offender Registry Board, that the Sex Offender has violated a municipal ordinance.
A. Prohibitions.
1. A Registered Sex Offender is prohibited from entering upon the premises of a School or Day Care Center unless previously authorized specifically in writing by the School administration or Day Care Center owner.
2. A Registered Sex Offender is prohibited from entering upon the premises of an Elderly Housing Facility or Facility for the Mentally Retarded unless previously authorized in writing by the on-site manager of the Elderly Housing Facility or Facility for the Mentally Retarded. In the case of those dwellings under the ownership, administration, or operation to the Methuen Housing Authority a Registered Sex Offender is prohibited from entering upon the premises thereof unless previously authorized in writing by the executive director of the Methuen Housing Authority to do so.
3. A Registered Sex Offender is prohibited from entering upon the premises of a Park or any Recreational Facility.
4. A Registered Sex Offender is prohibited, after having received notice from the Methuen Police Department that he/she is loitering within five hundred (500) feet of a School, a Day Care Center, a Park, any Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded, from continuing to so loiter or from returning thereto. For purposes of determining the minimum distance separation under this section, the distance shall be measured by following a straight line from the location where the Registered Sex Offender is or was present to the outer property line of the School, a Day Care Center, a Park, any Recreational Facility, Elderly Housing Facility or Facility for the Mentally Retarded.
B. Exceptions.
1. The prohibitions defined in §A-1 through §A-4, shall not be construed or enforced so as to prohibit a Registered Sex Offender from exercising his or her right to vote in any federal, state or municipal election, or from attending any religious service.
2. The prohibitions defined in §A-1 and § A-4 do not apply to a Registered Sex Offender's place of residence when such residence is excepted under §2.
C. Penalties.
Any violation of this section may be enforced by a non-criminal disposition pursuant to MGL c. 40, § 21D, resulting in: (1) a non-criminal fine of $150.00 for a first violation; and (2) a non-criminal fine of $300.00 for each additional violation of this section. In lieu of non-criminal disposition, Registered Sex Offenders who commit an additional violation under this section, except for those who are not yet seventeen (17) years of age when they commit any such additional violation, may be subject to immediate arrest under state law. A Registered Sex Offender commits a separate offense for each and every violation of this section.
A. Permanent bulletin boards shall be installed for the purposes of posting of Registered level 3 sex offenders within the main entrance of the following public buildings:
1. Searles Building;
2. Quinn Building (separate location from the police department);
3. Nevins Library;
4. Administrative area of every public school and public day care facility;B. Official postings of Level 3 Sexual Offenders shall be displayed in an accessible and prominent location on the official website of the City of Methuen.
The provisions of this ordinance shall not be applicable to Registered Sex Offenders incarcerated in any facilities owned, maintained and/or operated by the City of Methuen.
A. The Methuen Police Department shall be charged with the enforcement of this chapter.
B. A written list describing the prohibited areas defined in this ordinance as well as a map depicting the residency restriction areas and a map depicting the safety zones. Shall be created by the City and maintained by the Methuen Department of Public Works. The list, the maps and a copy of this ordinance shall will be available to the public at the Methuen Police Department and the Methuen City Clerk's Office, and on the City of Methuen's website.
There shall be hereby created a special task force for the purpose of reviewing the sex offender laws of the Commonwealth of Massachusetts and the recommendation of legislative changes to strengthen local ordinances to be submitted to the State legislative delegation of the City of Methuen no later than December 1, 2008. Said task force shall consist of the Chief of Police; one (1) member of the Police Department to be designated by the Chief; two (2) members of the City Council to be designated by the Chairman, one (1) member designated by the Superintendent of Methuen Schools, and one (1) member of the Public Safety Commission designated by the Commission Chairman.
If any clause, sentence, paragraph, subdivision, section or other part of this ordinance shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalidated, such judgment shall not affect, impair or invalidate the remainder of this ordinance, and it shall be construed to have been the legislative intent to enact this ordinance without such unconstitutional or invalid parts therein.
(Ord. #824, eff. Sept. 3, 2008)