[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.
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:
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
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.
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."
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.
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.
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:
(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.
