[HISTORY: Adopted by the City Council of the City of Quincy 12-21-2009 by Order No. 2009-033 (Ch. 9.20 of the 1993 Code).
Amendments noted where applicable.]
The intent of this chapter is to serve and protect the City's
compelling interest in promoting, protecting and improving the health,
safety and welfare of the citizens of the City of Quincy by creating
areas around locations where children and elderly regularly congregate
in concentrated numbers and designating events where children regularly
participate wherein certain registered sex offenders are prohibited
from entering or loitering.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building containing four or more dwelling units restricted
to occupancy by households having one or more members 55 years of
age or older.
Geographic information system.
Remaining in or around property and/or buildings designated
herein for more than 15 minutes.
A person convicted of a criminal sex offense and designated
by the Massachusetts Sex Offender Registry Board as a Level 3 sex
offender. The Board has determined that these individuals have a high
risk to reoffend and that the degree of dangerousness posed to the
public is such that a substantial public safety interest is served
by active community notification.
A licensed or accredited public or private school that offers
instruction in preschool, including a licensed day care or other business
permitted as a school by the City of Quincy, or any of grades K through
12, or any college or university. This definition shall not include
private residences in which students are taught by parents or tutors.
A.
Prohibitions.
(1)
A registered sex offender is prohibited from entering upon the premises
of a school, library, or day-care center unless previously authorized
specifically in writing by the school administration, library administration,
or day-care center owner.
(2)
A registered sex offender 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. In the case
of those dwellings under the ownership, administration, or operation
to the Quincy Housing Authority, a registered sex offender is prohibited
from entering upon the premises thereof unless previously authorized
in writing by the executive director of the Quincy Housing Authority
to do so.
(3)
A registered sex offender is prohibited from entering upon the premises
of a park or any recreational facility.
(4)
A registered sex offender is prohibited from participating in a holiday
event involving children under 18 years of age, such as distributing
candy or other items to children. Holiday events in which a registered
sex offender is the parent or guardian of the children involved and
nonfamilial children are not present are exempt from this subsection.
Participation is defined as actively taking part in the event.
(5)
A registered sex offender is prohibited, after having received notice
from a law enforcement officer that he/she is loitering within 500
feet of a school, library, day-care center, park, recreational facility,
elderly housing facility, school bus stop, public transportation bus
stop or facility, from continuing to so loiter or from returning thereto
to loiter. For purposes of determining the minimum distance separation
under this subsection, the distance shall be measured by following
a straight line from the location where the registered sex offender
is loitering to the prohibited area.
B.
Exceptions. The prohibitions listed herein 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.
C.
Penalties. Any violation of this section may be enforced by a noncriminal
disposition pursuant to MGL c. 40, § 21D, resulting in a
noncriminal fine of $150 for a first violation and a noncriminal fine
of $300 for each additional violation of this section and notification
to the registered sex offender's parole officer and/or probation officer,
if applicable, and the Massachusetts Sex Offender Registry Board that
the registered sex offender has violated a municipal ordinance. A
registered sex offender commits a separate offense for each and every
violation of this section.
A.
Permanent bulletin boards shall be installed for the purposes of
posting of registered Level 2 and Level 3 sex offenders within the
main entrance of the following public buildings:
[Amended 6-1-2020 by Order
No. 2020-012]
B.
Official postings of registered sex offenders shall be displayed
in an accessible and prominent location on the official website of
the City of Quincy/Police Department.
The Police Department shall have the authority to enforce this
chapter. A written list describing the prohibited areas defined in
this chapter as well as a map depicting the safety zones shall be
created and maintained by the Department of Public Works. The list,
maps, and a copy of this chapter shall will be available to the public
at the Police Department and the City Clerk's office and on the City
of Quincy's website.
