The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
DAY-CARE CENTER
Any establishment, whether public, private or parochial,
which provides care for children and is registered with and licensed
pursuant to the laws of the Commonwealth of Massachusetts by the Department
of Early Education and Care.
[Amended 10-5-2009 by Ord. No. 09-1002289B]
ELDERLY HOUSING FACILITY
Includes any building which provides a group residence for
the elderly and is located within the City of Marlborough.
ESTABLISHING A RESIDENCE
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, by means of purchasing real property
or entering into a lease or rental agreement for real property (including
a renewal or extension of a prior agreement whether through written
execution or automatic renewal).
FACILITY FOR THE MENTALLY RETARDED
Includes facilities under the jurisdiction of the Department
of Developmental Services and which is located within the City of
Marlborough.
[Amended 10-5-2009 by Ord. No. 09-1002289B]
LOITERING
To remain for more than 15 minutes within a five-hundred-foot
distance of the location in question.
[Added 10-5-2009 by Ord.
No. 09-1002289B]
MENTALLY RETARDED PERSON
Pursuant to MGL c. 123B, § 1, a person who, as
a result of inadequately developed or impaired intelligence, as determined
by clinical authorities as described in the regulations of the Department
of Developmental Services, is substantially limited in his or her
ability to learn or adapt, as judged by established standards available
for the evaluation of a person's ability to function in the community.
[Amended 10-5-2009 by Ord. No. 09-1002289B]
PARK
Includes active and passive public land designated for recreational
or athletic use by the City of Marlborough, and located within the
City of Marlborough.
[Amended 10-5-2009 by Ord. No. 09-1002289B]
PERMANENT RESIDENCE
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
RECREATIONAL FACILITY
Includes, but is not limited to, a playground, a forest preserve,
conservation area, jogging trail or running track, hiking trail, beach,
water park, wading pool, soccer field, baseball field, football field,
basketball court or hockey rink, mini-golf business, video arcade,
laser tag establishment, Boys and Girls Club(s), skate park, dance
or gymnastic studio, movie theater, martial arts school or family-oriented
pool hall, whether publicly or privately owned, to which the public
has a right of access as an invitee and which is located within the
City of Marlborough.
REGISTERED SEX OFFENDER
For the purposes of this chapter shall mean: a) any person
who is designated as a sexually violent predator pursuant to Chapter
6, § 178K(2)(c), of the Massachusetts General Laws and who
is required to register as a sex offender pursuant to the guidelines
of the Sex Offender Registry Board; b) any person who is required
to register as a sex offender pursuant to Chapter 6, § 178C
of the Massachusetts General Laws and who, for so long as such person
is finally classified as a Level 3 offender pursuant to the guidelines
of the Sex Offender Registry Board; and c) any person who, is required
to register as a sex offender pursuant to Chapter 6, § 178C
of the Massachusetts General Laws, who, for so long as such person
is finally classified as a Level 2 offender pursuant to the guidelines
of the Sex Offender Registry Board, and who has committed a sex offense
against a child, an elder and/or a mentally retarded person.
[Amended 10-5-2009 by Ord. No. 09-1002289B]
SCHOOL
Any public or private educational facility that provides
educational instruction to children in grades pre-K through 12.
SCHOOL BUS STOP
Any area designated by the public school district or by a
private or parochial school within the City of Marlborough as a school
bus stop.
TEMPORARY RESIDENCE
A place where a person lives, abides, lodges or resides for
a period of less than 14 consecutive days or 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; but "temporary
residence," shall not include residence at a hospital or other health
care or medical facility for less than 14 consecutive days or 14 days
in the aggregate during any calendar year.
The provisions of this chapter shall not be
applicable to registered sex offenders incarcerated in any facilities
owned, maintained and/or operated by the City of Marlborough.