[HISTORY: Adopted by Town Meeting of the Town of North Reading
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2014 OTM
by Art. 18, approved 1-20-2015]
A.
The public
purpose of this by-law is to ensure and protect public safety in the
Town of North Reading for its residents and children and improve the
health, safety and welfare of the residents of North Reading by creating
safe and secure areas around elderly housing locations and where children
regularly congregate wherein individuals finally classified as Level
3 sex offenders by the Sex Offender Registry Board are prohibited
from establishing a permanent residence.
B.
After careful
consideration, the Town finds that this by-law is narrowly tailored
to limit, to the fullest extent possible, the opportunity for Level
3 registered sex offenders to approach or otherwise come into contact
with children and senior citizens and that the health and safety of
these populations is a compelling governmental interest that the Town
seeks to protect.
C.
This by-law
is intended to create a civil nonpunitive regulatory scheme to promote
public safety throughout Town and protect children and the elderly
to the greatest extent possible. This by-law is intended to impose
reasonable safety precautions and to mitigate the potential risk of
harm to children and the elderly in Town.
The following definitions shall apply to this by-law unless
the context clearly indicates a different meaning:
Any persons under eighteen (18) years of age.
Any establishment, whether public or private, which provides
care for children and is registered and licensed pursuant to the laws
of the Commonwealth of Massachusetts by the Department of Early Education
and Care.
Any persons over fifty-five (55) years of age.
Any building or buildings on the same lot containing four
(4) or more dwelling units restricted to occupancy by households having
one or more members fifty-five (55) years of age or older.
To set up a home, dwelling place or 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.
Any public land located within the Town of North Reading
designated for active or passive recreational or athletic use by the
Town of North Reading, including playgrounds.
A place where the person lives, abides, lodges, or resides
for fourteen (14) or more consecutive days.
Any public, religious or private educational facility that
provides educational services to children in nursery through 12th
grade.
Any location in the Town of North Reading designated by a
public or private school to pick up or drop off children for the purposes
of educational transportation.
Shall have the same meaning as provided for in MGL c. 6,
§ 178C.
The commonwealth’s registry of sex offenders established
and maintained pursuant to MGL c. 6, §§ 178C to 178P,
inclusive.
A.
It is unlawful
for any sex offender who is finally classified as a Level 3 sex offender
by the Sex Offender Registry Board, for as long as so classified,
to establish a permanent residence within one thousand (1,000) feet
of any elderly housing facility, school, day-care center, or park
or within 250 feet of any school bus stop if, after written notice
and a hearing before the Police Chief and/or his designee, the Police
Chief and/or his designee determines that the Level 3 sex offender
poses a risk to children and/or the elderly, and, therefore, residency
should be limited in accordance with this section. At said hearing,
the Police Chief may review all evidence presented by the Level 3
sex offender and review all available criminal justice information
in making said determination. In accordance with this section, the
Police Chief shall issue a written determination to said Level 3 sex
offender within fourteen (14) days of such hearing.
B.
To determine
the minimum distance separations, the requirement shall be measured
by following a straight line from the outer property line of the permanent
residence to the nearest outer property line of an elderly housing
facility, school, school bus stop, day-care center or park.
A person who is finally classified as a Level 3 sex offender
by the Sex Offender Registry Board residing within one thousand (1,000)
feet of an elderly housing facility, school, day care center or park
or within 250 feet of any school bus stop, for as long as so classified
does not commit a violation of this by-law if any of the following
apply:
A.
The Level
3 sex offender established the permanent residence and reported and
registered said residence, in accordance with the Sex Offender Registry
Law and any applicable regulations of the Massachusetts Sex Offender
Registry Board, prior to the effective date of this by-law.
B.
The elderly
housing facility, school, day-care center, park, or school bus stop
was established after the Level 3 sex offender established his/her
permanent residence and reported and registered the permanent residence
pursuant to the Sex Offender Registry Law and any applicable regulations
of the Massachusetts Sex Offender Registry Board.
C.
The prohibition in § 145-3 above shall not be construed or enforced so as to prohibit a Level 3 sex offender from exercising his/her right to vote in any federal, state or municipal election, or from attending any religious service.
D.
The Level
3 sex offender is required to serve a sentence at a jail, prison,
juvenile facility, or other correctional institution or facility located
within one thousand (1,000) feet of an elderly housing facility, school,
day-care center, park, or within 250 feet of a school bus stop in
the Town of North Reading or is admitted to and/or subject to an order
of commitment at a public or private facility for the care and treatment
of mentally ill persons pursuant to G.L. c. 123 located within one
thousand (1,000) feet of an elderly housing facility, school, day-care
center, park, or within 250 feet of a school bus stop in the Town
of North Reading.
E.
The finally
classified Level 3 sex offender is a minor.
A.
The North
Reading Police Chief and his designee at the North Reading Police
Department shall be charged with the enforcement of this by-law.
B.
A map depicting
the prohibited areas shall be created by the Town and maintained by
the North Reading Police Department. The Town and or the Police Department
shall update the map yearly if necessary.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
Violation of this by-law may be enforced through all lawful
means in law by the Police Chief or his designee, including, but not
limited to, enforcement by noncriminal disposition pursuant to MGL
c. 40, § 21D. The penalties shall be as follows:
A.
First offense:
written notification by the Police Chief and/or his designee that
the finally classified Level 3 sex offender has thirty (30) days to
move, along with an opportunity for a hearing with the Police Chief
and/or his designee.
B.
Subsequent
offense: This shall apply to any offender served or supplied with
a notification of a first offense and an opportunity for a hearing
that has failed to comply with all requirements of the notification
within the thirty (30) day period: noncriminal fine of $300 issued
by the Police Chief and/or his designee and written notification to
the finally classified Level 3 sex offender’s landlord, parole
officer and/or probation officer and the commonwealth’s Sex
Offender Registry Board that said person has violated this by-law.
Following the first offense, each day a violation exists shall constitute
a separate violation.
This article shall be effective following compliance with MGL
c. 40, § 32.
