[HISTORY: Adopted by the Town Meeting of the Town of Swansea 1-23-2012 STM by Art. 12. Amendments
noted where applicable.]
A.
It is the intent of this bylaw to serve and protect the Town's
compelling interest to promote, protect, and improve the health, safety,
and welfare of the citizens of the Town by creating areas around locations
where children, the elderly, and the mentally impaired regularly congregate
in concentrated numbers wherein certain registered sex offenders (those
classified as level 2 or level 3 offenders pursuant to the guide lines
of the Sex Offender Registry Board) are prohibited from loitering
and establishing temporary or permanent residence.
B.
After careful consideration, the Town finds that this bylaw is the
most narrowly-tailored means of limiting, to the fullest extent possible,
the opportunity for registered sex offenders to approach or otherwise
come in contact with children, the elderly, and the mentally impaired
in places where children and the elderly would naturally congregate,
and that the protection of the health and safety of our children,
the elderly, and the mentally impaired is a compelling governmental
interest.
C.
By the enactment of this or any other bylaw, the Town understands
that it can not remove the threat posed to or guarantee the safety
of children, the elderly, and the mentally impaired, or assure the
public that registered sex offenders will comply with the mandates
of this law. This bylaw is intended to create a regulatory scheme
in order to protect children, the elderly, and the mentally impaired
to the extent possible under the circumstances. Nothing contained
herein shall constitute a specific assurance of safety or assistance.
D.
The Town finds that registered sex offenders as defined above pose
a clear threat to the children, the elderly, and the mentally impaired
residing in or visiting in Swansea. Because registered sex offenders
are more likely than any other type of offenders to re-offend for
another sexual offense, the Town desires to impose safety precautions
in furtherance of the goal of protecting the children, the elderly,
and the mentally impaired in the Town of Swansea. The purpose of this
bylaw is to reduce the potential risk of harm to the children, the
elderly, and the mentally impaired of the community by restricting
the ability of registered sexual offenders to be in contact with those
persons in locations that are primarily designed for use by or are
primarily used by children, the elderly, and/or the mentally impaired,
namely, the grounds of a public or private school for children, parks
or other public recreational facilities.
A.
"Child" or "children" shall mean persons under 18 years of age.
B.
"Elder" or "elderly" shall mean persons over 55 years of age.
C.
"Establishing a residence" means 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, including
by means of purchasing real property or entering into a lease or rental
agreement for real property after the effective date of this bylaw.
D.
"Loiter" means remaining in or around the location in question for
a more than 15 minutes.
E.
"Park or recreational facility" means public land or facilities designated
for active or passive recreational or athletic use by the Town of
Swansea, the Commonwealth of Massachusetts, or other governmental
subdivisions thereof and located within the Town of Swansea, including
parks, beaches, playgrounds, and athletic fields and facilities.
F.
"Permanent residence" means 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.
G.
"School" means any public or private educational facility that provides
educational services to children in grades pre-kindergarten through
12.
H.
"Sex offender" means 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 section 9 of said chapter 123A, whichever last occurs, on or after
August 1, 1981 and is classified as a level 2 or level 3 offender
by the Sex Offender Registry so long as finally classified.
I.
"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 178Q, 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 178Q, inclusive.
J.
"Temporary residence" means a place where a person lives, abides,
lodges, or resides for a period of less than five consecutive days
or less than 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.
A.
It is unlawful for any sex offender who is classified as a level
2 or 3 offender pursuant to the guidelines of the Sex Offender Registry
Board to establish a permanent residence or temporary residence within
500 feet of any school, park or recreational facility, so long as
finally classified.
B.
For purposes of determining the minimum distance separation, the
distance shall be measured by following a straight line from the outer
property line of the permanent residence to the nearest outer property
line of a school, park or recreational facility.
C.
Notice to move: Any sex offender who is classified as a level 2 or
3 offender pursuant to the guidelines of the Sex Offender Registry
Board and who establishes a permanent residence or temporary residence
within 500 feet of any school, park or recreational facility, shall
be in violation of this section and shall within 30 days of receipt
of written notice of the sex offender's noncompliance with this
chapter, move from said location to a new location, but said location
may not be within 500 feet of any school, park or recreational facility.
It shall constitute a separate violation for each day beyond the 30
days that the sex offender continues to reside within 500 feet of
any school, park or recreational facility. Furthermore, it shall be
a separate violation each day that a sex offender shall move from
one location in the Town of Swansea to another that is within 500
feet of any school, park or recreational facility.
D.
Penalties: Violation of this section, may be enforced through any
lawful means in law or in equity by the Swansea Police Department
or any police officer of the Town of Swansea, including, but not limited
to, enforcement by noncriminal disposition pursuant to MGL c. 40,
§ 21D. Each day a violation exists shall constitute a separate
violation. The penalties shall be as follows:
(1)
First Offense: Notification to offender that he/she has 30 days to
move.
(2)
Subsequent Offense: Noncriminal penalty or fine not to exceed $300
and notification to the offender's landlord, parole officer,
and/or probation officer and the Commonwealth's Sex Offender
Registry Board that the person has violated a municipal bylaw.
E.
Exceptions. A person residing within 500 feet of any school, park
or recreational facility does not commit a violation of this section
if any of the following apply:
(1)
The person established the permanent residence and reported and registered
the residence prior to the effective date of this bylaw in accordance
with MGL c. 6, §§ 178C-178P;
(2)
The person was a minor when he/she committed the offense and was
not convicted as an adult;
(3)
The person is a minor;
(4)
The school, park or recreational facility within 500 feet of the
personal permanent residence was established after the person established
the permanent residence and reported and registered the residence
pursuant to the Sex Offender Registry Law;
(5)
The person 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 MGL c. 123; or,
(6)
The person is mentally ill person subject to guardianship pursuant
to MGL c. 201, § 6, or a mentally retarded person subject
to guardianship pursuant to MGL c. 201, § 6A, residing with
his or her guardian or residing within a licensed group residence.[1]
[1]
Editor's Note: MGL c. 201 was repealed in 2008. See now MGL
c. 190B, § 5-301 et seq.
A.
Prohibitions:
(1)
A sex offender who is classified as a level 2 or 3 offender pursuant
to the guidelines of the Sex Offender Registry Board is prohibited
from entering upon the premises of any school, park or recreational
facility unless expressly authorized in advance and in writing by
the person or entity having control of said premises.
(2)
A sex offender who is classified as a level 2 or 3 offender pursuant
to the guidelines of the Sex Offender Registry Board is prohibited,
after having received notice from the Swansea Police Department that
he/she is loitering within 500 feet of a school, park or recreational
facility from continuing to so loiter or from returning thereto. For
purposes of determining the minimum distance separation under this
section, the distance shall be measured by following a straight line
from the sex offender in question to the outer property line of the
school, park or recreational facility.
B.
C.
Penalties: Any violation of this section, may be enforced through
any lawful means in law or in equity by the Swansea Police Department
or any police officer of the Town of Swansea including, but not limited
to, enforcement by noncriminal disposition pursuant to MGL c. 40,
§ 21D. Each day a violation exists shall constitute a separate
violation. The penalties shall be as follows:
(1)
First Offense: a noncriminal penalty or fine of $150;
(2)
Subsequent Offense: Noncriminal penalty or fine of $300 and notification
to the offender's landlord, parole officer and/or probation officer
and the Commonwealth's Sex Offender Registry Board that the person
has violated a municipal bylaw.
The provisions of this bylaw shall not apply to sex offenders
incarcerated in any facility owned, maintained, and/or operated by
the Town of Swansea.
A.
A written list describing the prohibited areas defined in this bylaw,
as well as a map depicting the residency restriction areas and safety
zones shall be created and maintained by the Swansea Highway Department
and Swansea Police Department, to be updated from time-to-time as
necessary. The list, map, and copies of this bylaw will be available
to the public at the Swansea Town Clerk's Office and Swansea
Police Department.
B.
The current list of areas covered under this by law is as follows:
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Swansea School Administration Building, 1 Gardners Neck Road
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Elizabeth S. Brown Elementary, 29 Gardners Neck Road
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Gardner Elementary, 10 Church Street
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Mark G. Hoyle Elementary, 70 Community Lane
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Joseph G. Luther Elementary, 100 Pearce Road
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Joseph Case Junior High School, 195 Main Street (including the
newly constructed Lt. Cabral Soccer Field)
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Joseph Case High School, 70 School Street
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Swansea Town Beach
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Swansea Boat Ramp
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Nike Site Playing Complex, Nike Site Road
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Milford Park Little League Baseball Fields, Basketball Hoops,
Playground and Tennis Courts Recreational Facilities
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If any clause, sentence, paragraph, subdivision, section or
other part of this bylaw shall for any reason be adjudged by any court
of competent jurisdiction to be unconstitutional, or otherwise invalidated,
such judgment shall not affect, impair or invalidate the remainder
of this bylaw, and it shall be construed to have been the legislative
intent to enact this bylaw without such unconstitutional or invalid
parts therein.
This bylaw shall become effective immediately upon passage and
approval by the Office of the Massachusetts Attorney General and publication
pursuant to MGL c. 40 § 32.
