The Town of Lincoln recognizes that sex offenders
who prey upon children have a high rate of recidivism. The Town of
Lincoln has an obligation to protect the health, safety, and welfare
of its children by prohibiting access by convicted sex offenders to
areas where there is a concentration of children under the age of
16 years.
As used in this chapter, the following terms
shall have the meanings indicated:
CHILD SAFETY ZONE
Encompasses the premises of any school, day-care or recreational
area, defined herein, as well as a five-hundred-foot radius surrounding
each premises.
LOITER
Remaining idle in essentially one location and shall include the concept of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay, to stand around, and shall also include the colloquial expression "hanging around," as defined in §
167-1.
PREMISES
The building or structure including the playground area,
playing fields, courts and parking lots accessory to the building
or structure.
RADIUS
Distance to be measured from the perimeter of the premises
outward in a straight line, as long as within the boundaries of the
Town of Lincoln.
RECREATIONAL AREAS
Public areas owned by the Town of Lincoln. The following
locations in Lincoln are considered recreational areas under this
chapter:
Property
|
Assessor's Plat and Lot
|
---|
Lincoln Youth Center
|
AP 33 Lot 34
|
Chase Farm
|
AP 22 Lot 72
|
Camp Meehan
|
AP 45 Lots 53, 61, 144
|
Handy Pond
|
AP 40 Lots 2, 3
|
Lime Acres Park
|
AP 26 Lot 110
|
Saylesville Basketball Courts
|
AP 7 Lot 135
|
Lincoln Almond Field
|
AP 4 Lot 32
|
Manville Park
|
AP 36 Lot 6; AP 39 Lot 38
|
Fairlawn Park
|
AP 6 Lots 316-18, 320-24, 338-43, 348-49, 352,
375, 440
|
Arnold Park
|
AP 9 Lots 122, 245
|
Albion Playground
|
AP 34 Lots 189, 362
|
Quinnville Playground
|
AP 29 Lot 221
|
Lonsdale Park
|
AP 22 Lot 66, 160
|
Gateway to Great Road
|
AP 22 Lots 155-159
|
Aldrich Marshall Woods
|
AP 27 Lot 26
|
Lime Kiln
|
AP 27 Lot 119
|
Hearthside House
|
AP 22 Lot 64
|
Valentine Whitman House
|
AP 29 Lot 148
|
Thibaudeau Farm
|
AP 13 Lot 77, 81, 113
|
Skating Pond
|
AP 30 Lot 57
|
Butterfly Pond
|
AP 25 Lots 230-231
|
REGISTERED SEX OFFENDER
Those individuals required to register pursuant to R.I. Gen.
Laws § 11-37.1-3 according to R.I. Gen. Laws §§ 11-37.1-4
and 11-37.1-5, including those persons having been found guilty of
a "criminal offense against a minor" as defined in R.I. Gen. Laws
§ 11-37.1-2(e), and required to register pursuant to R.I.
Gen. Laws § 11-37.1-3.
SCHOOL/DAY CARE
Any public or private educational facility that provides
services to those 18 years or younger or a licensed day-care facility
that is clearly marked by at least one sign.
The provisions of this chapter shall not apply
to:
A. Any person whose name has been removed from the Rhode
Island Sex Offender Registry or from the registry of any other state
or in the federal or military system by act of a court or by the expiration
of the term such person is required to remain on such registry or
such person is reclassified as a Level 1 offender or lowest offender
category in another jurisdiction.
B. The premises in the child safety zone also supports
a church, synagogue, mosque, temple or other house of religious worship,
subject to all of the following conditions:
(1) The registered sex offender's entrance and presence
upon the premises occurs only during hours of worship or other religious
program/service as posted to the public; and
(2) The registered sex offender shall not participate
in any religious education programs that include individuals under
the age of 18.
C. The premises also support a use lawfully attended
by a registered sex offender's natural, adopted, or stepchild(ren),
which child's use reasonably requires the attendance of the registered
sex offender as the child's parent upon the premises, including a
school, subject to the following conditions:
(1) The registered sex offender's entrance and presence
upon the premises occurs only during the hours of activity related
to the use as posted to the public.
(2) If the premises under this exception is a school or
day care, the registered sex offender may enter upon the property
supporting the school at which time the registered sex offender is
enrolled, for such purposes and at such times as are reasonably required
for the educational purposes of the school.
D. The premises also support a polling location in a
local, state or federal election, subject to all of the following
conditions:
(1) The registered sex offender is eligible to vote;
(2) The property is the designated polling place for the
registered sex offender; and
(3) The registered sex offender enters the polling place
premises, proceeds to cast a ballot with whatever usual and customary
assistance is to any member of the electorate, and vacates the property
immediately after voting.
E. The premises also support a court, government office
or room for public governmental meetings, subject to all of the following
conditions:
(1) The registered sex offender is on the premises only
to transact business at the government office or place of business,
or attend an official meeting of a governmental body; and
(2) The registered sex offender leaves the property immediately
upon completion of the business or meeting.
F. A registered sex offender residing within a five-hundred-foot
radius of the premises of a school, day care, or recreational area,
as defined herein, is not in violation of this chapter if his or her
residence 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, after the passage of this chapter, the premises of a school,
day care or recreational area is located or expanded to within the
five-hundred-foot radius of his or her residence and said residence
has been continuously maintained.
The Chief of Police or his designee shall make
reasonable efforts to provide prompt, actual written notice of the
enactment of this chapter (which notice shall contain a copy of the
chapter) to all persons who are listed on the Sex Offender Registry,
as of the effective date of this section and who are covered under
this chapter, as well as those persons who are added to the Sex Offender
Registry at such levels thereafter, which persons' addresses (as shown
on the Sex Offender Registry) are within the Town of Lincoln. Such
notice requirement may be satisfied by personal service upon the registered
sex offender by a member of the Lincoln Police Department at the last
known address of such person as listed on the Sex Offender Registry
or as otherwise known to the Chief of Police. The failure of any person
to receive such actual notice shall not be a defense to a violation
of this section.