[HISTORY: Adopted by the City Council of
the City of Fitchburg as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 132.
[Adopted 9-21-2006 by Ord. No. 260-06;
amended in its entirety 10-17-2006 by Ord. No. 308-06]
A.
Prohibitions.
(1)
No sex offender designated as a Level 2 or 3 convicted
of a sex offense involving a child shall establish a permanent or
temporary residence in the City of Fitchburg within 1,000 feet of
the property on which any public, or private school, park, playground,
licensed day-care center, or any other child-care facility is located.
(2)
It is unlawful to let, lease or rent any place, structure, or part thereof or to cause other conveyance of real property, as a permanent residence or temporary residence by any person who is prohibited from establishing such permanent residence or temporary residence pursuant to § 148-1A(1) above, if such place, structure, or part thereof or other conveyance is located within 1,000 feet of any public or private school, park, playground, licensed day-care center, or any other child-care facility.
B.
Evidentiary matters; measurements. For purposes of
determining the minimum distance requirement, the measurement shall
be measured by following a straight line from the nearest property
line of the permanent or temporary residence to the nearest property
line of any public or private school, park, playground, licensed day-care
center, or any other child-care facility.
C.
Exceptions. It shall not be a violation of this section
if:
(1)
The registered sex offender established the permanent
residence prior to the effective date of this section, and:
(a)
Where the permanent residence was established
by purchasing the real property where the residence was established;
or
(b)
Such permanent residence was established via
a valid, fixed-term, written lease or rental agreement, executed prior
to the effective date of this section, whose term has not yet expired;
or
(c)
Any public or private school, park, playground,
licensed day-care center, or any other child-care facility was opened
after such offender established permanent residency.
(2)
The registered sex offender was a minor when the relevant
crime was committed and the offender was not convicted as an adult.
(3)
The registered sex offender is a minor.
D.
Penalties. Violations of § 148-1 of this Code will be treated under this subsection.
[Amended 3-18-2008 by Ord. No. 035-08]
(1)
Criminal complaint. Whoever violates any provision of § 148-1 is subject to a criminal complaint filed by the Fitchburg Police in the Fitchburg District Court, or any other court of competent jurisdiction, and shall be fined $300 for each violation.
(2)
Noncriminal disposition. Any violation of this section may, in the discretion of the police officer who is the enforcing person, be enforced in the manner provided in MGL c.40, § 21D by the issuance of a noncriminal complaint filed in the Fitchburg District Court. The noncriminal fine for each such violation, if not otherwise specified, shall be $100 for the first violation; $200 for the second violation; and $300 for any subsequent violation. Property owners who violate § 148-1A(2) shall be subject to a fine of $100 per violation.
E.
Enforcement.
(1)
This section shall be enforced by the Fitchburg Police
Department.
(2)
A map depicting the prohibited areas shall be created
by the City and maintained by the Fitchburg Police Department. The
City shall review the map annually for changes. Said map will be available
to the public at the Fitchburg Police Department.
F.
Severability. If any portion of this section is deemed
by a court of competent jurisdiction to be unconstitutional or otherwise
invalid or unenforceable, such judgment shall not impair or invalidate
or render unenforceable the remaining portion of this section.
