The following words, terms, and phrases when
utilized in this chapter shall have the meanings ascribed to them
in this section, except where the context clearly described a different
meaning:
1. "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.
2. "Sex Offender" and "Sex offense" shall have the same
meaning as provided for in MGL c. 6, § 178C.
3. "Child" or "Children" shall mean persons under 18
years of age.
4. "Elder" or "Elderly" shall mean persons over 60 years
of age.
5. "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.
6. "Park" -- Any public land designated for active or
passive recreational or athletic use by the Town of Southborough,
the Commonwealth of Massachusetts or other governmental subdivision,
and located within the Town of Southborough.
7. "School" -- Any public or private educational facility
that provides services to children in grades Kindergarten through
12.
8. "School Bus Stop" -- Any area designated by the public
school district or by a private or parochial school within the Town
of Southborough as a school bus stop.
9. "Recreational facility" includes, but is not limited
to, a playground, a forest preserve, conservation area, jogging trail
or running track, hiking trail, beach, wading pool, soccer field,
baseball field, football field, basketball court or hockey rink, dance
or gymnastic studio, or whether publicly or privately owned, to which
the public has a right of access as an invitee and which is located
within the Town of Southborough.
10. "Day-Care Center" -- Any establishment, whether public
or private which provides care for children and is registered with
and licensed pursuant to the applicable laws of the Commonwealth of
Massachusetts by the Office of Child Care Services.
11. "Elderly housing facility" -- A building or buildings
on the same lot containing four or more dwelling units restricted
to occupancy by households having one or more members 55 years of
age or older.
12. "Permanent Residence" -- A place where a person lives,
abides, lodges, or resides for 14 or more consecutive days.
13. "Temporary Residence" -- A place where a person lives,
abides, lodges, or resides for a period of less than 14 consecutive
days or 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; but "temporary residence" shall not include residence at
a hospital or other health care or medical facility for less than
14 consecutive days or 14 days in the aggregate during any calendar
year.
14. "Establishing a Residence" -- 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).
A person residing within 1,000 feet of any school,
day-care center, park, elderly housing facility or recreational facility
does not commit a violation of this section if any of the following
apply:
A. The person established the permanent residence and
reported and registered the residence prior to April 15, 2008.
B. The person was a minor when he/she committed the offense
and was not convicted as an adult.
C. The school, day-care center, park, or elderly housing
facility within 1,000 feet of the permanent residence was established
after the person established the permanent residence and reported
and registered the residence pursuant to the Sex Offender Registry
Law.
D. The person is incarcerated in any facility owned,
maintained and/or operated by the Town of Southborough.
E. The person is admitted to and or subject to an order
of commitment at a public or private facility for the care and treatment
of mentally retarded persons pursuant to MGL c. 123B.
F. The person is a mentally retarded person subject to
guardianship pursuant to MGL c. 201, § 6, or a mentally retarded person subject to guardianship
pursuant to MGL c. 201, § 6A, residing with his or her guardian or residing within a
group residence that is professionally staffed and supervised 24 hours
a day.
If any clause, sentence, paragraph, subdivision,
section or other part of this bylaw 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 bylaw, and it shall be construed to have been
the legislative intent to enact this bylaw without such unconstitutional
or invalid parts therein.