[HISTORY: Adopted by the Town Meeting of the Town of Barre as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-2012 ATM, Art. 16]
No sex offender designated as a Level 2 or Level 3 convicted of a sex offense involving a child shall establish a permanent or temporary residence in the Town of Barre within 1,000 feet of the property on which any public or private school, elderly housing facility, Town Library, park, playground, licensed day-care center, or any other child-care facility is located.
It is unlawful to let, lease or rent any place, structure, or part thereof or to cause other conveyance of real property, as a permanent residence or temporary residence by any person who is prohibited from establishing such permanent residence or temporary residence pursuant to § 98-1A(1) above, if such place, structure, or part thereof or other conveyance is located within 1,000 feet of any public or private school, elderly housing facility, Town Library, park, playground, licensed day-care center, or any other child-care facility.
It shall be unlawful for a Level 2 or 3 sex offender who has been convicted of a sex offense involving a child to loiter within 150 feet of a park.
A person classified as a Level 3 sex offender, who has been convicted of a sex offense involving a child, is prohibited from entering upon the premises of a school or day-care unless previously authorized, in writing, by the school administration or day care center owner.
A person classified as a Level 3 sex offender, for so long as such person is so classified, is prohibited from entering upon the premises of an elderly housing facility unless previously authorized, in writing, by the on-site manager of the elderly housing facility.
Evidentiary matters; measurements. For purposes of determining the minimum distance requirement, the measurement shall be measured by following a straight line from the nearest property line of the permanent or temporary residence to the nearest property line of any public or private school, elderly housing facility, Town Library, park, playground, licensed day-care center, or any other child-care facility.
Exceptions. It shall not be a violation of this section if:
The registered sex offender established the permanent residence prior to the effective date of this section, and:
Where the permanent residence was established by purchasing the real property where the residence was established; or
Such permanent residence was established via a valid, fixed-term, written lease or rental agreement, executed prior to the effective date of this section, whose term has not yet expired; or
Any public or private school, park, playground, licensed day-care center, or any other child-care facility was opened after such offender established permanent residency.
The registered sex offender was a minor when the relevant crime was committed and the offender was not convicted as an adult.
The registered sex offender is a minor.
Penalties. Violations of § 98-1 of this Code will be treated under this subsection.
Criminal complaint. Whoever violates any provision of § 98-1 is subject to a criminal complaint filed by the Barre Police in the East Brookfield District Court, or any other court of competent jurisdiction, and shall be fined $300 for each violation.
Noncriminal disposition. Any violation of this section may, in the discretion of the police officer who is the enforcing person, be enforced in the manner provided in MGL c. 40, § 21D by the issuance of a noncriminal complaint filed in the East Brookfield District Court. The noncriminal fine for each such violation, if not otherwise specified, shall be $100 for the first violation; $200 for the second violation; and $300 for any subsequent violation. Property owners who violate § 98-1A(2) shall be subject to a fine of $100 per violation.
Subsequent offense by a registered sex offender shall allow the Police Chief or his/her designee to also make notification to the 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 bylaw/ordinance.
This section shall be enforced by the Barre Police Department. If an officer reasonably believes that a sex offender who has been convicted of a sex offense involving a child is in a park or loitering within 150 feet of a park, in violation of this bylaw, the officer shall require said sex offender to provide his/her name, address, and telephone number. If it is established that the individual is a sex offender who has been convicted of a sex offense involving a child, then the officer shall notify said sex offender that he/she is in violation of this bylaw.
A map depicting the prohibited areas shall be created by the Town and maintained by the Barre Police Department. The Barre Police shall review the map annually for changes. Said map will be available to the public at the Barre Police Department.
Forfeiture of exception for establishing residents.
If, after the effective date of this bylaw a conviction of another sex offense is issued by a court against an adult criminal Level 3 sex offender, who was otherwise enjoying an exception to this bylaw under § 98-1C, the adult criminal Level 3 sex offender shall immediately forfeit the exception afforded by § 98-1C and be required to comply with § 98-1A.
After a conviction of another sex offense as listed in § 98-1F(1), the offender will be in violation of the bylaw and shall, within 60 days of receipt of written notice of the sex offender's noncompliance with this bylaw, 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 60 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 Barre to another that is within 1,000 feet of the Town Library, any school, day-care center, park, elderly housing facility or place of worship.
Severability. If any portion of this section is deemed by a court of competent jurisdiction to be unconstitutional or otherwise invalid or unenforceable, such judgment shall not impair or invalidate or render unenforceable the remaining portion of this section.
- DAY-CARE CENTER
- 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.
- 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.
- 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).
- LEVEL 2 OFFENDER
- The designation given to a sex offender when it has been determined that the individual's risk of re-offense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public access to sex offender registry information.
- LEVEL 3 OFFENDER
- The designation given to a sex offender when it has been determined that the individual's risk of re-offense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination (community notification) of sex offender registry information.
- Remaining in or around park property for more than 15 minutes.
- Land owned or controlled by a unit of local government, and located within the Town of Barre, that is designated by the unit of local government for use solely or primarily for children's recreation, including recreation areas but not limited to jogging trails, hiking trails, water parks, swimming pools, soccer fields, baseball fields, football fields, or any other field or improved area under the jurisdiction of a unit of local government.
- PERMANENT RESIDENCE
- 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.
- PLACE OF WORSHIP
- 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.
- Any public or private educational facility that provides services to children in grades Kindergarten through 12.
- SEX OFFENDER
- As defined in MGL c. 6, § 178C, 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, § 9A, whichever last occurs, on or after August 1, 1981.
- SEX OFFENDER REGISTRY
- 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.
- SEX OFFENSE INVOLVING A CHILD
- An indecent assault and battery on a child under 14 under MGL c. 265, § 13B; 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 of a child with intent to commit rape under MGL c. 265, § 24B; kidnapping of a child under the age of 16 under MGL c. 265, § 26; enticing a child under the age of 16 for purposes of committing a crime under MGL c. 265, § 26C; inducing a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a minor prostitute under MGL c. 272, § 4B; posing or exhibiting a child in the 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 c. 272, § 29B; 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 military, territorial or Indian tribal authority.
- TEMPORARY RESIDENCE
- A place where a person lives, abides, lodges, or resides for a period of less than five 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.
- TOWN LIBRARY
- The structure in which the Barre Public Library is located.