[HISTORY: Adopted by the City Council of the City of Springfield 7-17-2007 (Title 8,
Ch. 8.36, of the 1986 Code). Amendments noted where applicable.]
A.
The City of Springfield recognizes that it has a compelling interest
in protecting children from the threat of sexual abuse; and
B.
Due to a child's vulnerability, the City Council is compelled
to take a protective role by adopting laws that are designed to protect
the City's children from registered sex offenders; and
C.
Registered sex offenders continue to reside in direct proximity to
public and private schools; and
D.
Without adequate protective ordinances at the local level, registered
sex offenders will continue to move to buildings, domiciles or residences
in proximity to schools; and
E.
The City Council wishes to protect children in the education environment.
A.
The City Council finds that sex offenders pose a significant threat
to the health and safety of the community and especially to children,
whose age and inexperience make them particularly vulnerable to the
heinous and reprehensible acts of these offenders.
B.
The rate of recidivism among sex offenders is high. Limiting the
frequency of contact between registered sex offenders and areas where
children are likely to congregate reduces the opportunity and temptation,
and can reduce the risk of repeated acts against children.
C.
After careful consideration, the City Council finds that this legislation
is the most narrowly tailored means of limiting, to the fullest extent
possible, the opportunity for registered sex offenders to approach
or otherwise come in contact with children in places where children
would naturally congregate, and that the protection of the health
and safety of our children is a compelling governmental interest.
D.
It is the intent of this chapter to serve and to protect the City's
compelling interest to promote, protect and improve the health, safety
and welfare of the citizens of the City by creating areas around locations
where children regularly congregate in concentrated numbers wherein
certain registered sex offenders are prohibited from loitering and
establishing temporary or permanent residence.
E.
By the enactment of this or any other legislation, the City Council
understands that it cannot remove the threat posed to or guarantee
the safety of children, or assure the public that registered sex offenders
will comply with the mandates of this chapter. This chapter is intended
to create a civil, nonpunitive regulatory scheme in order to protect
children to the extent possible under the circumstances and not as
a punitive measure of any kind.
F.
Registered sex offenders pose a clear threat to the children residing
or visiting in the community. Because registered sex offenders are
more likely than any other type of offender to re-offend for another
sexual offense, the City Council of the City of Springfield desires
to impose safety precautions in furtherance of the goal of protecting
the children. The purpose of this chapter is to reduce the potential
risk of harm to children of the community by impacting the ability
for registered sex offenders to be in contact with unsuspecting children
in locations that are primarily designed for use by or are primarily
used by children, namely, the grounds of a public or private school
for children, a park, or other private or public recreational facility.
The City of Springfield desires to add location restrictions to such
offenders where the state law is silent.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Persons under 18 years of age.
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).
Includes active and passive public land designated for recreational
or athletic use by the City of Springfield, the Commonwealth of Massachusetts
or other governmental subdivision, and located within the City of
Springfield.
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
Includes, but is not limited to, a playground, a forest preserve,
conservation area, jogging trail or running track, hiking trail, beach,
water park, wading pool, soccer field, baseball field, football field,
basketball court or hockey rink.
Any person required to register as a sex offender pursuant
to MGL c. 6, § 178C, who is finally classified as a
Level 2 or Level 3 offender pursuant to the guidelines of the Sex
Offender Registry Board and who has committed a sex offense against
a child.
Any public or private educational facility that provides
educational instruction to children in grades Kindergarten through
12.
Shall have the same meaning as provided for in MGL c. 6,
§ 178C.
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 fewer than 14 consecutive
days or 14 days in the aggregate during any calendar year.
A.
Prohibition. A registered sex offender is prohibited from establishing
a permanent residence or temporary residence within 500 feet of any
school.
B.
Evidentiary matters; measurements. For purposes of determining the
minimum distance separation, the distance shall be measured by following
a straight line from the outer property line of the permanent or temporary
residence to the nearest outer property line of any school.
C.
Exceptions. A registered sex offender residing within 500 feet of
any school does not commit a violation of this section if any of the
following apply:
(1)
The registered sex offender established the permanent residence prior
to the effective date of this chapter, and:
(a)
Permanent residence was established by purchasing the real property
where the residence is established; or
(b)
Permanent residence was established through a valid, fixed-term,
written lease or rental agreement, executed prior to the effective
date of this chapter, the term of which has not yet expired.
(2)
The registered sex offender is a minor.
(3)
The school within 500 feet of the registered sex offender's
permanent residence was opened after the registered sex offender established
the permanent residence.
D.
Notice to move. A registered sex offender who resides on a permanent
or temporary basis within 500 feet of any school shall be in violation
of this section and shall, within 30 days of receipt of written notice
of the registered sex offender's noncompliance with this chapter,
move from said location to a new location, but said location may not
be within 500 feet of any school. It shall constitute a separate violation
for each day beyond the 30 days the registered sex offender continues
to reside within 500 feet of any school. Furthermore, it shall be
a violation each day that a registered sex offender shall move from
one location in the City to another that is within 500 feet of any
school.
A.
Prohibitions.
(1)
A registered sex offender is prohibited from entering upon the premises
of a school unless previously authorized specifically in writing by
the school administration.
(2)
A registered sex offender shall not enter a park or any other private
or public recreational facility when children are present and approach,
contact, or communicate with any child present, unless the registered
sex offender is a parent or guardian of a child present in such park
or any other private or public recreational facility.
(3)
A registered sex offender shall not loiter on or within 500 feet
of any property on which there is a school, park or any other private
or public recreational facility. Under this subsection, "loiter" means
to enter or remain on property while having no legitimate purpose
therefor or, if a legitimate purpose exists, remaining on that property
beyond the time necessary to fulfill that purpose. See also Springfield
City Ordinance. No person shall be in violation of this subsection
unless he or she has first been asked to leave a prohibited location
by a person authorized to exclude the registered sex offender from
the premises. An authorized person includes, but is not limited to,
any law enforcement officer, any owner or manager of the premises,
or principal or teacher, if the premises are a school.
B.
Exceptions.
(1)
The prohibitions defined in this section shall not be construed or
enforced so as to prohibit a registered sex offender from exercising
his or her right to vote in any federal, state or municipal election,
or from attending any religious service.
(2)
The prohibitions defined in this section do not apply to a registered
sex offender's place of residence when such residence is excepted
under this chapter.
The provisions of this chapter shall not be applicable to registered
sex offenders incarcerated in any facilities owned, maintained and/or
operated by the City of Springfield.
A.
The Springfield Police Department shall be charged with the enforcement
of this chapter.
B.
A map depicting the prohibited areas shall be created by the City
and maintained by the Springfield Police Department. The City shall
review the map annually for changes. The map and a copy of this chapter
will be available to the public at the Springfield Police Department
and on the City of Springfield's website.
A.
Any violation of § 304-5 shall result in: (1) a noncriminal fine not exceeding $300 for a first violation; (2) a noncriminal fine not exceeding $300 for each additional violation of this provision. A registered sex offender commits a separate offense for each and every day or violation of this chapter.
B.
First offense of any violation of this chapter by registered sex
offender: noncriminal fine of $300 and notification to offender that
he/she has 30 days to move.
C.
Any subsequent offense of this chapter by a registered sex offender:
noncriminal fine of $300 and notification to offender's landlord,
parole officer and/or probation officer, and the Commonwealth's
Sex Offender Registry Board that the sex offender has violated a municipal
ordinance.
