[HISTORY: Adopted by the Town Council of the Town of Lincoln 4-22-2008 by Ord. No. 08-04. Amendments noted where applicable.]
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.
A. 
Any person who is a registered sex offender, as defined herein, shall not reside within a five-hundred-foot radius of a school, day-care, or recreational area, as defined herein, subject to the exceptions outlined in this chapter.
B. 
Any person who is a registered sex offender, as defined herein, is prohibited from entering upon or loitering within a five-hundred-foot radius of the premises of a school, day care center, or recreational area, as defined herein, subject to exceptions outlined in this chapter.
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.
A. 
Enforcement. If a police officer reasonably believes that a registered sex offender is in a child safety zone in violation of this chapter, the officer shall require the suspected registered sex offender to provide his/her name, address, and telephone number. If it is established that the individual is a registered sex offender as defined in this chapter, then the officer shall issue a written citation that he/she is in violation of this section and require the person to leave the child safety zone. If the person refuses to leave or is later found to be in the same child safety zone, the penalties set forth below shall apply. A map depicting the prohibited areas shall be created by the Town and maintained by the Lincoln Police Department. The Town shall review the map annually for changes. Said map will be available to the public at the Lincoln Police Department.
B. 
Penalties. After a written citation is issued for violation of this chapter, if the registered sex offender refuses to vacate the child safety zone, his refusal shall result in a noncriminal fine of $125. If the registered sex offender does vacate the child safety zone after a written citation from an officer and is later found in a child safety zone, this shall result in the imposition of a civil fine of $125. However, a second violation of the chapter shall result in the imposition of a $250 civil fine of $250 on the registered sex offender. Additional violations of this chapter shall result in the imposition of a civil fine up to $300 for each separate offense. A child sex offender commits a separate offense for each and every violation of this chapter.
C. 
Jurisdiction. Any matters related to this chapter shall be referred to the Town of Lincoln Municipal Court.