[HISTORY: Adopted by the Town Meeting 10-20-2008 FATM, Art. 14. Amendments noted where applicable.]
- DAY CARE CENTER
- Means an establishment, whether public or private, which provides care for children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Office of Child Care Services.
- ELDERLY HOUSING FACILITY
- Means a building or buildings on the same lot containing four or more dwelling units restricted to occupancy by households having one or more members 55 years of age or older.
- 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, or 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).
- Means public land designated for active or passive recreational or athletic use by the Town of Webster, the Commonwealth of Massachusetts or other governmental subdivision, and located within the Town of Webster.
- 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.
- Means any public or private educational facility that provides services to children in grades kindergarten through 12.
- 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 MGL c. 123A, § 9, whichever last occurs, on or after August 1, 1981.
- 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 178P, 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 MGL c. 6, §§ 178C to 178P, inclusive.
- TEMPORARY RESIDENCE
- Means a place where a person lives, abides, lodges, or resides for a period of less than five 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.
It is unlawful for any sex offender who is finally classified as a level 2 or 3 offender pursuant to the guidelines of the Massachusetts Sex Offender Registry Board, to establish a permanent residence within 500 feet of any school, day care center, park or elderly housing facility. For purposes of determining the minimum distance separation, the requirement 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, day care center, park or elderly housing facility.
Any registered level 2 or level 3 sex offender who establishes a permanent residence within 500 feet of any school, day care center, park or elderly housing facility shall be in violation of this section and shall, within 30 days or 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, day care center, park or elderly housing facility. It shall constitute a separate violation for each day beyond the 30 days the sex offender continues to reside within 500 feet of any school, day care center, park or elderly housing facility. Furthermore, it shall be a separate violation each day that a sex offender shall move from one location in the Town of Webster to another that is within 500 feet of any school, day care center, park or elderly housing facility.
Violation of this bylaw, or of any regulations adopted hereunder, may be enforced through any lawful means in law or in equity by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer of the Town of Webster 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:
First Offense: Notification to offender that he/she has 30 days to move.
Subsequent Offense: Noncriminal fine of three hundred dollars ($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 ordinance.
A person residing within 500 feet of any school, day care center, park or elderly housing facility does not commit a violation of this section if any of the following apply:
The person established the permanent residence and reported and registered the residence, in accordance with the regulations of the Massachusetts Sex Offender Registry Board, prior to the effective date of this bylaw.
The person was a minor when he/she committed the offense and was not convicted as an adult.
The person is a minor.
The school, day care center, park or elderly housing 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.
The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
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.
The person is a 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 group residence that is professionally staffed and supervised 24 hours a day.