City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Beverly as Art. XXIV of the Code of Ordinances; amended in its entirety 4-3-2017 by Ord. No. 334. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
CHILD SAFETY ZONE
A park, playground, recreation center, library, school, day-care center, private youth center, video arcade, bathing beach, swimming pool or wading pool, gymnasium, sports field, or sports facility, including the parking area and land adjacent to any of the aforementioned facilities, camp bus stops when children under the age of 18 are present, and school bus stops during scheduled school transportation hours on school days, which is:
A. 
Under the jurisdiction of any department, agency, or authority of the City of Beverly, including but not limited to the School Department of the City of Beverly; or
B. 
Leased or licensed by the City of Beverly to another person for the purpose of operating a park, playground, recreation center, bathing beach, swimming pool or wading pool, gymnasium, sports field, or sports facility.
A. 
Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to 178P, inclusive, and given a Level 2 or Level 3 designation by the Sex Offender Registry Board and whose victim was (or was believed by the offender to be) a child under the age of 18. For the purposes Chapter 136, the term "victim" includes a child under the age of 18 whose image or likeness is used in any crime listed in Subsection 2 of the definition of "Child Sex Offender."
B. 
Any person who has not yet been classified and who resides, has secondary addresses, works or attends an institution of higher learning in the commonwealth and who has been convicted of or who has been adjudicated as a youthful offender or as a delinquent juvenile, 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 of the following offenses: 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 the purposes of committing a crime under MGL c. 265, § 26C; indecent assault and battery on a mentally retarded person under MGL c. 265, § 13F; assault with intent to commit rape under MGL c. 265, § 24; inducing a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a minor prostitute under MGL c. 272, § 4B; 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 c. 272, § 29B; unnatural and lascivious acts with a child under 16 under MGL c. 272, § 35A; drugging persons for sexual intercourse under MGL c. 272, § 3; aggravated rape under MGL c. 277, § 39; knowing purchase or possession of visual material of child depicted in sexual conduct under MGL c. 272, § 29C; indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters under MGL. c. 265, § 13B 1/2; indecent assault and battery on a child under the age of 14 by certain previously convicted offenders under MGL c. 265, § 13B 3/4; indecent assault and battery on person 14 or older (where the victim was between 14 and 18 years of age) under MGL c. 265, § 13H; rape of a child during commission of certain offenses or by use of force under MGL c. 265, § 22B; rape of a child through use of force by certain previously convicted offenders under MGL c. 265, § 22C; rape and abuse of child aggravated by age difference between defendant and victim or when committed by mandated reporters under MGL c. 265, § 23A; rape and abuse of child by certain previously convicted offenders under MGL c. 265, § 23B; enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity under MGL c. 265, § 26D; trafficking of persons for sexual servitude; trafficking of persons under 18 years for sexual servitude under MGL c. 265, § 50; 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, and whose victim was a child under the age of 16.
C. 
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, § 9, and whose victim was (or was believed by the offender to be) a child under the age of 18.
D. 
A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified above in Subsection B of the definition of "child sex offender", and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth and whose victim was (or was believed by the offender to be) a child under the age of 18.
A. 
Prohibition. It shall be unlawful for a child sex offender to be present in any child safety zone.
B. 
Exceptions. The provisions of this chapter shall not apply to:
(1) 
Any person whose name has been removed from the Massachusetts Sex Offender Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry or reclassified as a Level 1 in Massachusetts or lowest offender category in another jurisdiction.
(2) 
Facilities in a child safety zone that also support a church, synagogue, mosque, temple or other house of religious worship, subject to all of the following conditions:
(a) 
The child sex offender's entrance and presence upon the property occurs only during hours of worship or other religious program/scrvice as posted to the public; and
(b) 
The child sex offender shall not participate in any religious education programs that include individuals under the age of 18.
(3) 
Property that also supports a use lawfully attended by a child sex offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the child sex offender as the child's parent upon the property, subject to the following condition:
(a) 
The child sex offender's entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public.
(4) 
Property that also supports a polling location in a local, state or federal election, subject to all of the following conditions:
(a) 
The child sex offender is eligible to vote;
(b) 
The property is the designated polling place for the child sex offender; and
(c) 
The child sex offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is available to any member of the electorate, and vacates the property immediately after voting.
(5) 
Property that also supports a school lawfully attended by a child sex offender as a student, under which circumstances the child sex offender may enter upon the property supporting the school at which the child sex offender is enrolled, for such purposes and at such times as are reasonably required for the educational purposes of the school.
(6) 
Property that also supports a court, government office or room for public governmental meetings, subject to all of the following conditions:
(a) 
The child sex offender is on the property only to transact business at the government office or place of business, excluding a library, or attend an official meeting of a governmental body; and
(b) 
The child sex offender leaves the property immediately upon completion of the business or meeting.
The Chief of Police or his designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of this chapter (which notice shall contain a copy of this chapter) to all persons who are listed on the sex offender registry as of the effective date of this chapter and who were given a Level 2 or Level 3 designation, as well as those persons who are added to the sex offender registry at such levels thereafter, which persons' addresses (as shown on the sex offender registry) are within the City of Beverly. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested, to the last known address of such person as listed on the sex offender registry or as otherwise known to the Chief of Police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this chapter.
A. 
Upon reasonable belief of a police officer that a child sex offender is present in a child safety zone in violation of this chapter, the officer shall obtain from the suspected child sex offender his/her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this chapter, then the officer shall issue a written citation that such individual is in violation of this chapter and also require that the individual leave the child safety zone. An individual who refuses to leave or is later found to be in the same child safety zone shall be subject to the penalties set forth in § 136-5.
B. 
A map depicting and a written list describing the child safety zones shall be created by the Planning and Engineering Departments of the City and maintained by the Police Department, which map shall be reviewed annually for changes. Said map and list, as well as a copy of this chapter, shall be available to the public at the offices of the Beverly Police Department and Beverly City Clerk and at all public buildings and will also be posted on the City of Beverly's official website. In the event that the list, map or the words of this chapter shall conflict, then the words of this chapter shall control.
A. 
Any violation of this chapter may be subject to criminal penalties and prosecuted in a court of competent jurisdiction and shall result in a criminal fine of up to $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a criminal fine of up to $300. A second or any subsequent violation of this chapter shall be subject to a criminal fine of up to $300. A child sex offender commits a separate offense for each and every violation of this chapter. Except for persons who are not yet 18 years of age when they commit any such offense, violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or address a violation of this chapter, to include written notification to the parole and/or probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal ordinance.
B. 
As an alternative, any violation shall result in a noncriminal fine of $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a noncriminal fine of $300. A second or subsequent violation of this chapter shall be subject to a noncriminal fine of $300. A child sex offender commits a separate offense for each and every violation of this chapter. Except for persons who are not yet 18 years of age when they commit any such offense, any violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this chapter, to include written notification to the parole and/or probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal ordinance.
C. 
Injunction. If a child sex offender is present upon or within a safety zone in violation of this chapter, the City Solicitor may bring an action in the name of the City to enjoin future violations of this chapter by such violator.