[HISTORY: Adopted by the Annual Town Meeting of the Town
of Westwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-5-2014 by
Art. 27]
A.
Prohibition regarding child sex offender in child safety zone.
(1)
CHILD SAFETY ZONE
(a)
(b)
CHILD SEX OFFENDER
(a)
(b)
(c)
Definitions: For the purpose of this article, the following terms,
phrases, words and derivations shall have the meanings given herein.
When not inconsistent with the context, words in the plural number
include the singular and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
A park, playground, recreation center, library, school, camps,
day-care center, private youth center, video arcade, bathing beach,
swimming pool or wading pool, gymnasium, sports field or sports facility,
including the parking area and land adjacent to any of the aforementioned
facilities, and school or camp bus stops, which is:
Under the jurisdiction of any department, agency or authority
of the Town of Westwood, including but not limited to the School Department;
or
Leased by the Town of Westwood to another person for the purpose
of operating a park, playground, recreation center, bathing beach,
swimming pool or wading pool, gymnasium, sports field, or sports facility.
Any person required to register as a sex offender pursuant to
MGL c. 6, §§ 178C to 178P, inclusive, and given a Level
2 or Level 3 designation by the sex offender registry board under
§ 178K and whose victim was a child under the age of 16
or who has not yet been classified and who resides, has secondary
addresses, works or attends an institution of higher learning in the
commonwealth and who has been convicted of or who has been adjudicated
as a youthful offender or as a delinquent juvenile, or a person released
from incarceration or parole or probation supervision or custody with
the Department of Youth Services for such a conviction or adjudication
of the following offenses: indecent assault and battery on a child
under 14 under MGL c. 265, § 13B; rape of a child under
16 with force under § 22A of said Chapter 265; rape and
abuse of a child under § 23 of said Chapter 265; assault
of a child with intent to commit rape under § 26C of said
Chapter 265; kidnapping of a child under the age of 16 under § 26
of said Chapter 265; enticing a child under the age of 16 for the
purpose of committing a crime under § 26C of said Chapter
265; indecent assault and battery on a mentally retarded person under
§ 13F of said Chapter 265; assault with intent to commit
rape under § 24 of said Chapter 265; inducing a minor into
prostitution under MGL, c. 272, § 4A; living off or sharing
earnings of a minor prostitute under § 4B of said Chapter
272; disseminating to a minor matter harmful to a minor under § 28
of said Chapter 272; posing or exhibiting a child in a state of nudity
under § 29A of said Chapter 272; dissemination of visual
material of a child in a state of nudity or sexual conduct under § 29B
of said Chapter 272; unnatural and lascivious acts with a child under
the age of 16 under § 35A of said Chapter 272; drugging
persons for sexual intercourse under § 3 of said Chapter
272; aggravated rape under MGL, c. 277, § 39; any attempt
to commit a violation of any of the aforementioned sections pursuant
to MGL, c. 272, § 6, or a like violation of the laws of
another state, the United States or a military, territorial or Indian
tribal authority, and whose victim was a child under the age of 16.
A person who has been adjudicated a sexually dangerous person
under MGL, c. 123A, § 14, as in force at the time of adjudication,
or a person released from civil commitment pursuant to MGL, c. 123A,
§ 9, whichever last occurs, on or after August 1, 1981,
and whose victim was a child under the age of 16.
A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in above at Subsection (a), and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth on and after August 1, 1981, and whose victim was a child under the age of 16.
(2)
Prohibition. It shall be unlawful for a child sex offender to be
present in any child safety zone.
(3)
Exceptions. The provisions of this chapter shall not apply to:
(a)
Any person whose name has been removed from the Massachusetts
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 expiration
of the term such person is required to remain on such registry or
reclassified as a Level 1 in Massachusetts or lowest offender category
in another jurisdiction.
(b)
The facility in a child safety zone also supports a church,
synagogue, mosque, temple or other house of religious worship, subject
to all of the following conditions:
(c)
The property also supports the use lawfully attended by a child
sex offender's natural or adopted child(ren), which child's use reasonably
requires the attendance of the child sex offender as the child's parents
upon the property, subject to the following condition:
[1]
The child sex offender's entrance and presence upon the property
occurs only during hours of activity related to the use as posted
to the public.
(d)
The property also supports a polling location in a local, state
or federal election, subject to all of the following conditions:
[1]
The child sex offender is eligible to vote;
[2]
The property is the designated polling place for the child sex
offender; and
[3]
The child sex offender enters the polling place property, 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 property also supports a school lawfully attended by a child
sex offender as a student under which circumstances the child sex
offender may enter upon the property supporting the school at which
time the child sex offender is enrolled, for such purposes and at
such times as are reasonably required for the education purposes of
the school.
(f)
The property also supports a court, government office or room
for public governmental meetings, subject to all of the following
conditions:
[1]
The child sex offender is on the property only to transact business
at the government office or place of business, excluding a library,
or attend an official meeting of a governmental body; and
[2]
The child sex offender leaves the property immediately upon
completion of the business or meeting.
B.
Notice: The Chief of Police or his designee shall make reasonable
efforts to provide prompt, actual written notice of the enactment
of this section (which notice shall contain a copy of the bylaw) to
all persons who are listed on the sex offender registry as of the
effective date of this section and who were given a Level 2 or Level
3 designation, 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 Westwood. Such
notice requirement may be satisfied by the mailing of such notice
by registered or certified mail, return receipt required, to 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 written notice shall not be a defense to a
violation of this section.
C.
Enforcement procedures.
(1)
Upon reasonable belief of a police officer that a child sex offender is present in a child safety zone in violation of this section, the officer shall obtain from the suspected child sex offender his/her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this section, then the officer shall issue a written citation that such individual is in violation of this section and also require that the individual leave the child safety zone. An individual who refuses to leave or is later found to be in the same child safety zone shall be subject to the penalties set for at § 200-2.
(2)
A map[1] depicting and a written list describing the child safety
zones shall be created and maintained by the Information Technology/GIS
Department in coordination with the Police Department, which shall
be reviewed annually or as the need arises for changes. Said map and
list as well as a copy of this section shall be available to the public
at the offices of the Town of Westwood Police Department and the Town
Clerk and at all public buildings and will also be posted on the Town
of Westwood's official website. In the event that the list, map or
the words of this section shall conflict then the words of this section
shall control.
[1]
Editor's Note: The Child Safety Zones Map is included as an attachment to this chapter.
A.
Any violation of § 200-1 may be subject to criminal penalties and prosecution in a court of competent jurisdiction and shall result in a criminal fine of up to $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a criminal fine of up to $300. A second violation of the section shall be subject to a criminal fine of up to $300. A child sex offender commits a separate offense for each and every violation of this section. Except for persons who are not yet 17 years of age when they commit any such offense, violation of this section may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the Town from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section, to include written notification to the parole and/or probation officer and the commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal bylaw.
B.
As an alternative, any violation shall result in a noncriminal fine of $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a noncriminal fine of $300. A second violation of § 200-1 shall be subject to a noncriminal fine of $300. A child sex offender commits a separate offense for each and every violation of this section. Except persons who are not yet 17 years of age when they commit any such offense, any violation of this section may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the Town from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section, to include written notification to the parole and/or probation office and the commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal bylaw.
