[Adopted 11-2-2006 by Order No. 2007-35[1]]
[1]
Editor's Note: This ordinance also stated that it shall take effect 90 days following its adoption.
This article shall be known as the "Barnstable Active Safety Information for Child Awareness Ordinance" and may be referred to by the acronym "BASIC."
The purpose of this article is to advance the public safety and welfare of the residents of the Town of Barnstable by making certain environmental information and controls available for the benefit of children and those who care for children.
As used in this article, the following terms shall have the meanings indicated:
CHILD
A person under the age of 16.
RESIDENCE
The place of abode of a person.
A. 
The Town will make available by publication on its Web site and in one of its offices, public records that chronicle areas where hazardous materials, as defined in § 2 of Chapter 21E of the General Laws of Massachusetts, have been released and the status of remedial actions updated semiannually until final response actions have been taken and thereafter maintain the record of such final response for a period of three years.
B. 
The Town will make available by publication on its Web site and in one of its offices, public records on motor vehicle collisions on ways within the Town updated semiannually.
C. 
The Town will make available by publication on its Web site any reports received by the Health Division from the Commonwealth of Massachusetts Department of Public Health of the presence of Eastern Equine Encephalitis within the Town for a period of 30 days.
A. 
The Town will post a sign on any of its property listed for publication under § 147-11A containing a summary of the published information.
B. 
Following each data update completed pursuant to § 147-11B, the Town will review motor vehicle traffic rules, regulations and improvements for the purpose of considering amendments or additional improvements designed to alleviate the occurrence of future similar incidents.
C. 
No person designated as level 2 or 3 under the provisions of MGL c. 6, § 178K(2), in whole or in part by reason of a sexual offense against a child shall take up residence apart from a person related by blood or marriage within the first degree of kindred within the Town within 2,000 feet of the boundaries of land containing a facility with the principal purpose of providing services to a child.
D. 
A person does not commit a violation of Subsection C if any of the following apply:
(1) 
The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility; or
(2) 
The person had already established residence as of the effective date of the prohibitions.
Violations of § 147-12 shall be punishable by a fine of $300 per day.
The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.