[HISTORY: Adopted by the Town Meeting 10-20-2008 FATM,
Art. 14. Amendments noted where applicable.]
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.
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.
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.
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.
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.
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.
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:
A.
First Offense: Notification to offender that he/she
has 30 days to move.
B.
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:
A.
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.
B.
The person was a minor when he/she committed the offense
and was not convicted as an adult.
C.
The person is a minor.
D.
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.
E.
The person is required to serve a sentence at a jail,
prison, juvenile facility, or other correctional institution or facility.
F.
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.
G.
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.
