[HISTORY: Adopted 5-5-2008 ATM, Art. 57. Amendments noted where applicable.]
Means an establishment, whether public or private, which
provides care for children and is registered with and licensed pursuant
to the laws of the Commonwealth of Massachusetts by the Office of
Child Care Services.
Means 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.
Means 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).
Means public land designated for active or passive recreational
or athletic use by the Town of Rockland, the Commonwealth of Massachusetts
or other governmental subdivision, and located within the Town of
Rockland.
Means a place where a person lives, abides, lodges, or resides
for five or more consecutive days or 14 or more days in the aggregate
during any calendar year.
Means a structure used for religious worship or religious
education purposes on land owned by, or held in trust for the use
of, any religious organization.
Means any public or private education facility that provides
services to children in grades kindergarten – 12.
As defined in MGL c. 6, § 178C, means a person
who resides, works or attends an institution of higher learning in
the commonwealth and who has been convicted of a sex offense or who
has been adjudicated as a youthful offender or as a delinquent juvenile
by reason of a sex offense 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 or 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.
Means the collected information and data that is received
by the criminal history systems board pursuant to MGL c. 6, §§ 178C
to 178P, inclusive, as such information and data is modified or amended
by the sex offender registry board or a court of competent jurisdiction
pursuant to said §§ 178C to 178P, inclusive.
Means the structure in which the Rockland Memorial Library
is located.
A.
It is unlawful
for any sex offender who is finally classified as a level 2 or level
3 sex offender, pursuant to the guidelines of the Sex Offender Registry
Board, to establish a permanent residence within 1,000 feet of the
Town Library or any school, day care center, park, elderly housing
facility or place of worship within the Town of Rockland.
B.
For purposes
of determining the minimum distance separation, the requirement shall
be measured by following a straight line from the outer property line
of the permanent residence to the nearest outer property line of the
Town Library or any school, day care center, park, elderly housing
facility or place of worship.
C.
Notice
to move. Any registered level 2 or 3 sex offender who establishes
a permanent residence within 1,000 feet of the Town Library or any
school, day care center, park, elderly housing facility or place of
worship shall be in violation of this section and shall, within 30
days of receipt of written notice of the sex offender's noncompliance
with this chapter, move from said location to a new location, but
said location may not be within 1,000 feet of the Town Library or
any school, day care center, park, elderly housing facility or place
of worship. It shall constitute a separate violation for each day
beyond the 30 days the sex offender continues to reside within 1,000
feet of the Town Library or any school, day care center, park, elderly
housing facility or place of worship. Furthermore it shall be a separate
violation each day that a sex offender shall move from one location
in the Town of Rockland to another that is within 1,000 feet of the
Town Library or any school, day care center, park, elderly housing
facility or place of worship.
D.
Penalties.
Violations of this bylaw may be enforced through any lawful means
in law or in equity by the Board of Selectmen, the Town Administrator,
or their duly authorized agents, or any police officer of the Town
of Rockland including, but not limited to, enforcement by noncriminal
disposition pursuant to MGL c. 40, § 21D. Each day a violation
exists shall constitute a separate violation. The penalties shall
be as follows:
(1)
First
Offense: Notification to sex offender that he/she has 30 days to move.
(2)
Subsequent
Offense: Noncriminal fine of $300 and notification to the sex offender's
landlord, parole officer and/or probation officer and the Commonwealth's
Sex Offender Registry Board that the person has violated a municipal
bylaw.
E.
Exceptions.
A person residing within one thousand (1,000) feet of the Town Library
or any school, day care center, park, elderly housing facility or
place of worship does not commit a violation of this section if any
of the following apply:
(1)
The
person established the permanent residence and reported and registered
the resident pursuant to MGL c. 6, §§ 178C to 178P,
inclusive, prior to the date of the Town Meeting at which this bylaw
was approved.
(2)
The
person was a minor when he/she committed the offense and was not convicted
as an adult.
(3)
The
person is a minor.
(4)
The
Town Library or school, day care center, park elderly housing facility
or place of worship within 1,000 feet of the personal permanent residence
was established after the person established the permanent residence
and reported and registered the residence pursuant to MGL c. 6, §§ 178C
to 178P, inclusive.
(5)
The
person is admitted to and/or subject to an order of commitment at
a public or private facility for the case and treatment of mentally
ill persons pursuant to MGL c. 123.
(6)
The
person is a mentally ill 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.
