[Ord. No. 30922, 6-23-2008; amended 8-1-2022 by Ord. No. 35598]
The City Council finds that registered sex offenders pose a clear threat to children, the elderly and persons with intellectual disabilities 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 persons with intellectual disabilities 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.
DAY-CARE CENTER
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 Department of Early Education and Care. For purposes of this article, the term "day-care center" is intended to include a child-care center, family child-care home, and large family child-care home as those terms are now defined or as such terms may be hereafter defined by MGL Chapter 15D.
[Amended 12-27-2022 by Ord. No. 35757]
ELDERLY
Persons over 60 years of age.
ELDERLY HOUSING FACILITY
A building or buildings containing four or more dwelling units restricted to occupancy by households having one or more members 55 years or older.
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.
FACILITY FOR PERSONS WITH INTELLECTUAL DISABILITIES
Any building or buildings which provide a group residence or place of supervision or education for persons with intellectual disabilities which is under the jurisdiction of the Commonwealth of Massachusetts Department of Developmental Services and which is located within the City of Waltham.
[Amended 8-1-2022 by Ord. No. 35598]
LOITER
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 persons with intellectual disabilities.
[Amended 8-1-2022 by Ord. No. 35598]
PARK
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.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges or resides for 14 or more consecutive days.
PERSON WITH AN INTELLECTUAL DISABILITY
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.
[Added 8-1-2022 by Ord. No. 35598[1]]
RECREATIONAL FACILITY
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.
REGISTERED SEX OFFENDER
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.
SCHOOL
Any public or private educational facility that provides educational instruction to children in grades pre-K through 12.
SCHOOL BUS STOP
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.
SEX OFFENSE
An indecent assault and battery on a child under 14 under MGL c. 265, § 13B; indecent assault and battery on a person with an intellectual disability 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.
[Amended 8-1-2022 by Ord. No. 35598]
TEMPORARY RESIDENCE
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.
[1]
Editor's Note: This order also repealed the former definition of "mentally retarded person" and replaced it with the above.
[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 persons with intellectual disabilities. 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 persons with intellectual disabilities.
[Amended 8-1-2022 by Ord. No. 35598]
(b) 
A registered sex offender residing within 500 feet of any school, day-care center, park, recreational facility, elderly housing facility or facility for persons with intellectual disabilities does not commit a violation of this section if any of the following apply:
[Amended 8-1-2022 by Ord. No. 35598]
(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 persons with intellectual disabilities 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 persons with intellectual disabilities 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.
[Amended 8-1-2022 by Ord. No. 35598]
(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 persons with intellectual disabilities 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.
[Amended 8-1-2022 by Ord. No. 35598]
(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 as provided for in Section 1-13 and notification to the offender of 30 days to move.
(2) 
Subsequent offenses: noncriminal fine as provided for in Section 1-13 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.
[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 persons with intellectual disabilities 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.
[Amended 8-1-2022 by Ord. No. 35598]
(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 persons with intellectual disabilities. 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 persons with intellectual disabilities.
[Amended 8-1-2022 by Ord. No. 35598]
(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.