[Ord. No. 30922, 6-23-2008]
The City Council finds that registered sex offenders pose a
clear threat to children, the elderly and the mentally retarded residing
or visiting the community, and thus, it is the intent of this article
to promote, protect and improve the health, safety and welfare of
children, the elderly and the mentally retarded by creating safe zones
around locations where they regularly congregate in concentrated numbers
and prohibiting registered sex offenders from loitering and establishing
temporary or permanent residence in such safe zones.
CHILD or CHILDREN — Persons under 18 years of
age.
Any establishment, whether public, private or parochial,
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.
Persons over 60 years of age.
A building or buildings containing four or more dwelling
units restricted to occupancy by households having one or more members
55 years or older.
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.
Any building or buildings which provide a group residence
or place of supervision or education for the mentally retarded which
is under the jurisdiction of the Commonwealth of Massachusetts Department
of Mental Retardation and which is located within the City of Waltham.
To stand, sit idly or otherwise remain in the same place,
whether in a vehicle or not, in or around a school, school bus stop,
day-care center, park, recreational facility, elderly housing facility
or facility for the mentally retarded.
Pursuant to MGL c. 123B, § 1, a person who, as
a result of inadequately developed or impaired intelligence is substantially
limited in his ability to learn or adapt, as judged by established
standards available for the evaluation of a person's ability
to function in the community.
Land owned or controlled by the City of Waltham, the Commonwealth
of Massachusetts or other governmental subdivision and located within
the City of Waltham which is used for active and/or passive recreational
or athletic purposes by the general public.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
Any building or area used for recreational purposes, including,
but not limited to, a public library, playground, forest preserve,
conservation area, jogging trail, running track, hiking trail, beach,
water or spray park, swimming pool, wading pool, soccer field, baseball
field, football field, lacrosse field, basketball court, hockey rink,
mini-golf, video arcade, laser tag establishment, Boys and Girls Club,
YMCA or similar club, skate park, dance or gymnastic studio, fast-food
restaurant with play area intended for children under 10 years of
age, movie theater, martial arts school or family-oriented pool hall,
whether publicly or privately owned, to which the public has a right
of access as an invitee and which is located within the City of Waltham.
Any person who, for any reason, is required, pursuant to
MGL c. 6, §§ 178C to 178Q, and/or the guidelines of
the Sex Offender Registry Board, to register as a sex offender and
who is classified as a Level 3 offender.
Any public or private educational facility that provides
educational instruction to children in grades pre-K through 12.
Any area designated by the City and/or Waltham Public Schools
or by a private or parochial school within the City of Waltham as
a school bus stop.
An indecent assault and battery on a child under 14 under
MGL c. 265, § 13B; indecent assault and battery on a mentally
retarded person under MGL c. 265, § 13F; indecent assault
and battery on a person age 14 or over under MGL c. 265, § 13H;
rape under MGL c. 265, § 22; rape of a child under 16 with
force under MGL c. 265, § 22A; rape and abuse of a child
under MGL c. 265, § 23; assault with intent to commit rape
under MGL c. 265, § 24; assault of a child with intent to
commit rape under MGL c. 265, § 24B; kidnapping of a child
under MGL c. 265, § 26; enticing a child under the age of
16 for the purposes of committing a crime under MGL c. 265, § 26C;
enticing away a person for prostitution or sexual intercourse under
MGL c. 272, § 2; drugging persons for sexual intercourse
under MGL c. 272, § 3; inducing a minor into prostitution
under MGL c. 272, § 4A; living off or sharing earnings of
a minor prostitute under MGL c. 272, § 4B; second and subsequent
adjudication or conviction for open and gross lewdness and lascivious
behavior under MGL c. 272, § 16, but excluding a first or
single adjudication as a delinquent juvenile before August 1, 1992;
incestuous marriage or intercourse under MGL c. 272, § 17;
disseminating to a minor matter harmful to a minor under MGL c. 272,
§ 28; posing or exhibiting a child in a state of nudity
under MGL c. 272, § 29A; dissemination of visual material
of a child in a state of nudity or sexual conduct under MGL 272, § 29B;
possession of child pornography under MGL c. 272, § 29C;
unnatural and lascivious acts with a child under 16 under MGL c. 272, § 35A;
aggravated rape under MGL c. 277, § 39; and any attempt
to commit a violation of any of the aforementioned sections pursuant
to MGL c. 274, § 6; or a like violation of the laws of another
state, the United States or a military, territorial or Indian tribal
authority.
A place where a person lives, abides, lodges or resides for
a period of less than 14 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. Excluded from
this definition is any 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.
[Ord. No. 30922, 6-23-2008]
For the sake of clarity, use of any male pronoun in this article
shall refer equally to males and females.
[Ord. No. 30922, 6-23-2008]
(a)
A registered sex offender is prohibited from establishing a permanent
or temporary residence within 500 feet of any school, day-care center,
park, recreational facility, elderly housing facility or facility
for the mentally retarded. 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 proposed permanent
or temporary residence to the outer property line of any school, day-care
center, park, recreational facility, elderly housing facility or facility
for the mentally retarded.
(b)
A registered sex offender residing within 500 feet of any school,
day-care center, park, recreational facility, elderly housing facility
or facility for the mentally retarded does not commit a violation
of this section if any of the following apply:
(1)
The registered sex offender established the permanent residence
through purchase of the real property prior to the effective date
of this article, as long as the registered sex offender continues
to reside in the permanent residence and does not move to another
location; or
(2)
The permanent residence was established through a valid, fixed-term
written lease or rental agreement, executed prior to the effective
date of this article, as long as the registered sex offender continues
to reside in the leased or rented permanent residence and does not
move to another location during the term of the lease or rental agreement.
(3)
The registered sex offender is a minor living with his parents or legal guardians, which parents or legal guardians have established a permanent residence pursuant to Section 10-72(b)(1) or (2).
(4)
The school, day-care center, park, recreational facility, elderly
housing facility or facility for the mentally retarded within 500
feet of the registered sex offender's permanent residence was
opened after the registered sex offender established permanent residence.
(c)
If, either after the effective date of this article or after a new
school, day-care center, park, recreational facility, elderly housing
facility or facility for the mentally retarded opens, a complaint
or an indictment is issued by a court against a registered sex offender
otherwise enjoying an exception under this section, that such registered
sex offender has committed another sex offense, he will immediately
forfeit that exception and be required to comply with the residency
restrictions imposed by this article.
(d)
A registered sex offender who resides on a permanent or temporary
basis within 500 feet of any school, day-care center, park, recreational
facility, elderly housing facility or facility for the mentally retarded
shall be in violation of this section and shall, within 30 calendar
days of receipt of written notice of noncompliance with this chapter,
move from his permanent or temporary residence to another which is
in compliance with this article. Each day beyond the 30 days that
a registered sex offender does not move after receiving notice of
the violation shall constitute a separate violation.
[Ord. No. 30922, 6-23-2008]
(a)
A registered sex offender is prohibited from entering upon the premises
of a school, day-care center, elderly housing facility or facility
for the mentally retarded unless previously authorized in writing
by the principal, owner, on-site manager or director of the school,
day-care center or facility, whichever is applicable.
(b)
A registered sex offender is prohibited from entering upon the premises
of a park or any recreational facility at any time.
(c)
A registered sex offender is prohibited from loitering within 300
feet of a school, day-care center, park, recreational facility, elderly
housing facility or facility for the mentally retarded. For purposes
of determining the minimum distance separation, the distance shall
be measured by following a straight line from the position where the
registered sex offender loitered to the outer property line of any
school, day-care center, park, recreational facility, elderly housing
facility or facility for the mentally retarded.
(d)
The restrictions and prohibitions set forth in this section shall
not be construed or enforced so as to prohibit a registered sex offender
from exercising his right to vote in any federal, state or municipal
election or from attending any religious service as long as those
rights are not exercised to circumvent the intent of this article.
(e)
Any violation of this section shall be enforced by the Waltham Police
Department by noncriminal disposition pursuant to MGL c. 40, § 21D,
as follows:
(1)
First offense: noncriminal fine of $150 and notification to
the offender of 30 days to move;
(2)
Subsequent offenses: noncriminal fine of $300 and notification
to the offender's parole and/or probation officer and the Sex
Offender Registry Board that the registered sex offender has violated
a municipal ordinance related to his status as a registered sex offender.
(3)
Subsequent offenses shall also constitute a breach of the peace
for which the offender may be subject to immediate arrest if the offense
is committed in the presence of a police officer and is continuing
at the time the arrest is made.
[Ord. No. 30922, 6-23-2008]
(a)
The Waltham Police Department shall be charged with enforcement of
this article.
(b)
A written list describing the prohibited areas defined in this article
inclusive of school bus stops, as well as a map depicting the residency
restriction areas and a map depicting the prohibited zones, shall
be created by the City and maintained by the Waltham Police Department
and available at the Police Department and the City Clerk's office.
It shall not be a defense to a violation of this article that a school
bus stop was not on a list or map maintained by the City when simple
observation of a location would clearly indicate to a reasonable person
that children were congregating for the purpose of catching a school
bus.
[Ord. No. 30922, 6-23-2008]
If any part of this article shall be adjudged for any reason
by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect, impair or otherwise invalidate
the remainder of this article, and it shall be construed to have been
the legislative intent to enact this article without such unconstitutional
or invalid parts therein.
[Ord. No. 30922, 6-23-2008]
This article shall become effective immediately upon passage.
