[HISTORY: Adopted by the City Council of the City of Marlborough 7-31-1995 by Ord. No. 94/95-5414A. Amendments noted where applicable.]
Personnel — See Ch. 125.
No person shall engage in any conduct prohibited by: the Code of the City of Marlborough; any municipal rule or regulation made or promulgated pursuant to authority granted by the City Charter, City Code or any Special or General Law; or any statute or rule or regulation of the Commonwealth of Massachusetts, which is coupled with overt actions motivated by bigotry and bias, including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of a constitutional or statutory right by means of threat, intimidation or coercion, or which seeks to interfere with or disrupt a person's exercise of a constitutional or statutory right through harassment or intimidation. Notwithstanding the foregoing, engaging in speech or conduct which is protected by the Constitution or laws of the United States of America or the Declaration of Rights or laws of the Commonwealth of Massachusetts shall not be deemed to be violative of this chapter.
Whenever an officer of the Marlborough Police Department has information or receives a complaint that a hate-based offense or a civil rights violation may have occurred, such matter shall be immediately investigated in accordance with the policies and procedures of the Police Department.
Any agent, employee or officer of the City who is authorized to enforce any statute, ordinance or rule or regulation and who has information or receives a complaint or report that a hate-based offense or civil rights violation has occurred must report the same immediately and in writing to the Police Department. The Chief of Police, or his designee, shall cause such matter to be investigated and/or shall provide investigatory or prosecutorial assistance to the reporting agent, employee or officer.
If an investigation results in a determination that probable cause exists to believe that an identified person has committed a hate-based offense or a violation of any Massachusetts statute providing criminal penalties for the violation of civil rights, the investigating officer shall initiate a prosecution. Notwithstanding the foregoing, no person shall be prosecuted for engaging in speech or conduct which is protected by the Constitution or laws of the United States of America or the Declaration of Rights or laws of the Commonwealth of Massachusetts.
Upon the conclusion of any trial or judicial proceeding which does not result in a finding of not guilty or not delinquent, the Chief of Police shall seek leave of the court to submit, in person or in writing, a victim impact statement on behalf of all of the citizens of Marlborough. Such statement shall include a request that the maximum penalty or punishment allowed by law be imposed.
Any person who remains in a public place while in wilful violation of the provisions of this chapter may be arrested without a warrant by a police officer acting pursuant to the provisions of MGL c. 272, § 59.
Any person found guilty of a violation of this chapter shall be punished by a fine of $300 per violation.
Any condition caused or permitted to exist in violation of the provisions of this chapter shall be deemed to constitute a public nuisance and may be abated by the City.
Subject to the restrictions of the Massachusetts CORI law, the Chief of Police shall notify the Mayor and City Council, in writing and within seven days of its occurrence, of:
Subject to the availability of funding, the Chief of Police shall provide training relative to civil rights and hate-based offenses to all agents, employees or officers of the City who are authorized to enforce any statute, ordinance or rule or regulation.