No person shall be employed or be engaged in any business which
requires the person to come into direct contact with children without
having first obtained a license thereto from the chief of police.
(Prior revision § 11-19; C.O. 79-10 (8/13) (part))
A. The
public interest requires that all persons employed or engaged in the
following businesses, which require the person to come into direct
contact with children, shall submit an application for a license to
the chief of police:
1. Operating
child care or day care centers;
3. Child
transportation personnel; i.e., school bus drivers, taxi drivers retained
by the school department, private transportation company employees
retained by the school department;
5. School
custodians and day care center custodians;
6. Any
business engaged in amusements for hire, temporary or permanent amusement
facilities, including but not limited to transient carnivals.
B. The
chief of police shall conduct an investigation of the applicant's
background, including all of the applicant's employees, prior to the
issuance of any license to determine the character and fitness of
the applicant seeking a license. The investigation shall include but
shall not be limited to seeking information which may be obtained
on the applicant's character from the Criminal History Systems Board
and from the Criminal Offender Record Information System.
(Prior revision § 11-20; C.O. 79-10 (8/13) (part); C.O. 03-244 §§ 1,
2)
If after investigation by the chief of police a determination is made that the person seeking a license, including all of the person's employees, has not been convicted of any sexual, drug or alcohol abuse offenses or violations of child abuse laws, the chief shall issue a license to the person seeking a license. Notwithstanding the provisions of clause (9) of Section 34 of Chapter 687 of the Acts of 1914 as amended by Chapter 188 of the Acts of 1934 the license commission of the city shall not issue a license for amusements for hire, gain or reward or to a temporary or permanent amusement facility, including but not limited to transient carnivals without first receiving a license issued by the chief of police pursuant to Section
5.28.030.
(Prior revision § 11-21; C.O. 79-10 (8/13) (part); C.O. 03-244 §§ 3—5)
All licenses granted under this chapter may be suspended or revoked at any time for cause at the discretion of the chief of police. If an applicant for a license required by Section
5.28.030 is aggrieved by the decision of the chief of police the applicant shall have the right to appeal the decision of the chief of police to a board comprised of the mayor, city solicitor and three members of the city council appointed by the president of the city council.
(Prior revision § 11-22; C.O. 79-10 (8/13) (part); C.O. 03-244 § 6)
To implement the provisions of this chapter the chief of police
is authorized to promulgate such rules and regulations as required
to provide sufficient verification that no person engaged in child
related businesses has been convicted of a sex, drug or alcohol offense.
(C.O. 03-244 § 7)
No level 3 sex offender registered with the Massachusetts Sex
Offender Registry or any other state or federal district sex offender
registry shall reside or be domiciled within one thousand linear feet
of a public or private school within the city of Revere.
All level 3 sex offenders registering with the chief of the
city of Revere police department shall be informed of the provisions
of this section and of the prohibition of residency within one thousand
linear feet of the foregoing locations.
The chief shall also enforce the provisions of the any level
3 sex offender who violates the provisions of this section.
Violation of any provision of this section shall result in a
fine of three hundred dollars for each offense.
(C.O. 05-527A § 1; C.O.
06-363 §§ 1, 2)
A. Definitions.
The following words and phrases, when used in this section, shall
have the following meanings:
1. "Library
grounds" means: All areas that are designated as the physical location
and property of the Revere Public Library, including: (i) the exterior
structure of the building including all entrances, (ii) the interior
of the building including all rooms, book stacks, common areas, restrooms,
administrative areas, storage closets, and all other interior rooms
in the building, (iii) the designated library parking spaces including
handicapped spaces, and (iv) a perimeter area of five (5) feet around
the library.
2. "Child
sex offender" means:
a. Any person required to register as a sex offender pursuant to M.G.L.
c. 6 §§ 178C through 178P, inclusive and given a Level
3 designation by the Sex Offender Registry Board under § 178K
and whose victim was a child under the age of sixteen or 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 fourteen under
M.G.L. c. 265 § 13B; rape of a child under sixteen with
force under c. 265 § 22A; rape and abuse of a child under
M.G.L. c. 265 § 23; assault of a child with intent to commit
rape under M.G.L. c. 265 § 24B; kidnapping of a child under
the age of sixteen for the purposes of committing a crime under M.G.L.
c. 265 § 26C; indecent assault and battery on a mentally
retarded person under M.G.L. 265 § 13F; assault with intent
to commit rape under M.G.L. c. 265 § 24; inducing a minor
into prostitution under M.G.L. c. 272 § 4A; living off or
sharing earnings of a minor prostitute under M.G.L. c. 272 § 4B;
disseminating to a minor matter harmful to a minor under M.G.L. c.
272 § 28; posing or exhibiting a child in a state of nudity
under M.G.L. c. 272 § 29A; dissemination of visual material
of a child in a state of nudity or sexual conduct under M.G.L. 272
§ 29B; unnatural and lascivious acts with a child under
sixteen under M.G.L. 272 § 35A; drugging persons for sexual
intercourse under M.G.L. c. 272 § 3; aggravated rape under
M.G.L. c. 277 § 39; and any attempt to commit a violation
of any of the aforementioned sections pursuant to M.G.L. 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 sixteen.
b. A person who has been adjudicated a sexually dangerous person under
M.G.L. c. 123 A § 14, as in force at the time of adjudication,
or a person released from civil commitment pursuant to M.G.L. c. 123A
§ 9, whichever last occurs, on or after August 1, 1981,
and whose victim was a child under the age of sixteen (16).
c. A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends and 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 in above at subsection
(a), 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 on and after August 1, 1981, and whose victim was a child under the age of sixteen.
B. Prohibition:
It shall be unlawful for a level 3 sex offender to violate any of
the following provisions regarding the use of the Revere Public Library:
1. Level
3 sex offenders are prohibited from entering or being present on library
grounds during designated scheduled hours which are as follows:
a. Every weekday during the Revere Public School year from 2:00 p.m.
to 8:00 p.m.
b. Every weekday during the Revere Public School System summer vacations
and school vacations from 9:00 a.m. to 1:00 p.m.
c. Every Saturday from 9:00 a.m. to 3:00 p.m.
d. Additional times for special children's activities as determined
by the library staff.
2. Level
3 sex offenders will not be allowed to attend lectures of other special
events open to the public and held at the Revere Public Library without
first notifying the front desk.
3. During
the allotted times level 3 sex offenders are allowed to be at the
library they are required, immediately upon entry of the library grounds,
to check in with the front desk and identify their presence with the
front librarian.
a. All level 3 sex offenders will be issued a restricted library card,
or the equivalent upon first reporting with the front desk or any
such desk identified by subsequent library policy. Level 3 sex offenders
will be notified that upon receiving a restricted library card both
their parole board and/or probation officers, if applicable, will
be notified of their status.
b. All library personnel will be informed of the presence of the sex
offender, his or her name, and physical appearance.
4. Level
3 sex offenders are strictly prohibited from entering the children's
section of the library.
5. Level
3 sex offenders are strictly prohibited from engaging in conversation
or interacting in any fashion with children.
6. Level
3 sex offenders are strictly prohibited from entering the library
stacks without first informing library staff at the front desk.
7. All
level 3 sex offenders are required to check in with the front desk
prior to using the bathroom. All level 3 sex offenders are required
to check in with the front desk after using the bathroom.
8. All
level 3 sex offenders are required to notify the front desk when exiting
the library.
9. Level
3 sex offenders shall only be allowed to use a filtered computer.
C. Exceptions.
The provisions of this section 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 or level 2 sex offender in Massachusetts or lowest offender
category in another jurisdiction.
2. The
sex offender's natural or adopted child(ren) attend the library, which
child's use reasonably requires the attendance of the child sex offender
as the child's parent upon the library grounds, subject to the following
conditions:
a. The child sex offender's entrance and presence upon the property
occurs only during hours of operation related to the use as posted
to the public.
b. All other restrictions and conditions on the sex offender enumerated
in this ordinance shall remain in effect.
c. While the sex offenders natural or adopted child(ren) are allowed
to use the children's section, the sex offender remains strictly prohibited
from entering.
D. Notice.
The chief of police or his designee shall make reasonable efforts
to provide prompt, actual written notice of the enactment of this
section (which notice shall contain a copy of the ordinance) to all
persons who are listed on the sex offender registry as of the effective
date of this section and who were given a level 3 designation, as
well as those persons who are added to the sex offender registry at
such levels thereafter, which person's address (as shown on the sex
offender registry) are within the city. 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 section.
E. Enforcement.
1. Upon
reasonable belief of a librarian or other library employee that a
child sex offender is present on library grounds in violation of any
provision in this section, he shall immediately contact the Revere
Police Department, alert all library staff of the violation, and initiate
emergency protocol.
2. Upon reasonable belief of the police officer that a child sex offender is present on library grounds in violation of this section, the officer shall obtain from the suspected child sex offender his or her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this section, then the officer shall issue a written citation that such individual is in violation of this section and also escort the individual off library grounds and will be subject to the penalties set forth in Subsection
F.
F. Penalties.
1. Any
violation of this ordinance found after a hearing, if one is so requested,
by a level 3 sex offender will result in a lifetime ban of use of
the Revere Public Library. The Massachusetts Sex Offender Registry
Board, the parole board, and/or parole officer of the offender will
immediately be informed of the violation.
2. Any
violation of this section may be subject to criminal penalties and
prosecuted in a court of competent jurisdiction and shall result in
a criminal fine of up to three hundred dollars for each offense. An
offender who violates this ordinance and is later found on library
grounds after the institution of the lifetime ban shall result in
a criminal fine of up to three hundred dollars for each offense. A
child sex offender who commits a separate offense for each and every
violation of this ordinance except for persons who are not yet seventeen
(17) years of age when they commit any such offense, violation of
this section may further constitute a violation of M.G.L. 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 section, 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.
3. Injunction.
If a child sex offender is present upon or within library grounds
in violation of this section, the city solicitor may bring an action
in the name of the city to permanently enjoin any such violation as
a public nuisance.
(C.O. 11-378, § 1, 12/19/2011)