[HISTORY: Adopted by the Special Town Meeting of the Town
of Townsend 9-1-2009 by Art. 7. 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 remaining in or around park property for more than
15 minutes.
Means land owned or controlled by a unit of local government,
and located within the Town of Townsend, that is designated by the
unit of local government for use solely or primarily for children's
recreation, including recreation areas but not limited to jogging
trails, hiking trails, water parks, swimming pools, soccer fields,
baseball fields, football fields, or any other field or improved area
under the jurisdiction of a unit of local government.
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 a structure used for religious worship or religious
education purposes on land owned by, or held in trust for the use
of, any religious organization.
Any public or private educational facility that provides
services to children in grades kindergarten - 12.
As defined in MGL c. 6, § 178C, 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 Section 9 of said
Chapter 123A, 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 Sections 178C to 178P, inclusive.
Means an indecent assault and battery on a child under 14
under Section 13B of Chapter 265; rape of a child under 16 with force
under Section 22A of said Chapter 265; rape and abuse of a child under
Section 23 of said Chapter 265; assault of a child with intent to
commit rape under Section 24B of said Chapter 265; kidnapping of a
child under the age of 16 under Section 26 of said Chapter 265; enticing
a child under the age of 16 for purposes of committing a crime under
Section 26C of said Chapter 265; inducing a minor into prostitution
under Section 4A of Chapter 272; living off or sharing earnings of
a minor prostitute under Section 4B of said Chapter 272; posing or
exhibiting a child in the state of nudity under Section 29A of said
Chapter 272; dissemination of visual material of a child in a state
of nudity or sexual conduct under Section 29B of said Chapter 272;
unnatural and lascivious acts with a child under 16 under Section
35A of said Chapter 272; aggravated rape under Section 39 of Chapter
277; and any attempt to commit a violation of any of the aforementioned
sections pursuant to Section 6 of Chapter 274 or a like violation
of the laws of another state, the United States military, territorial
or Indian tribal authority.
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.
Means the structure in which the Townsend Public Library
is located.
[1]
Editor's Note: The original subsection designations within
this section were removed and the defined terms were alphabetized
with the permission of the Town Clerk in order to maintain the organizational
style of the Code.
A.
It is unlawful for any sex offender who is currently classified as
a level 2 or level 3 sex offender, pursuant to the guidelines of the
Sex Offender Registry Board, to establish a permanent residence within
1,000 feet of the Town Library or any school, day-care center, park,
elderly housing facility or place of worship within the Town of Townsend.
B.
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 the Town Library or any school, day-care center,
park, elderly housing facility or place of worship.
C.
Notice to move. Any currently classified level 2 or level 3 sex offender
who establishes a permanent residence within 1,000 feet of the Town
Library or any school, day-care center, park, elderly housing facility
or place of worship shall be in violation of this section and shall,
within 30 days of receipt of written notice of the sex offender's
noncompliance with this bylaw, move from said location to a new location,
but said location may not be within 1,000 feet of the Town Library
or any school, day-care center, park, elderly housing facility or
place of worship. It shall constitute a separate violation for each
day beyond the 30 days the sex offender continues to reside within
1,000 feet of the Town Library or any school, day-care center, park,
elderly housing facility or place of worship. Furthermore it shall
be a separate violation each day that a sex offender shall move from
one location in the Town of Townsend to another that is within 1,000
feet of the Town Library or any school, day-care center, park, elderly
housing facility or place of worship.
[Amended 5-4-2010 ATM by Art. 24]
D.
Penalties. 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 Administrator or their duly authorized
agents, or any police officer of the Town of Townsend 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:
(1)
First offense: notification to sex offender that he/she has 30 days
to move.
(2)
Subsequent offense: noncriminal fine of $300 and notification to
the sex offender's landlord, parole officer and/or probation
officer and the commonwealth's Sex Offender Registry Board that
the person has violated a municipal bylaw.
E.
Exceptions. A person residing within 1,000 feet of the Town Library
or any school, day-care center, park, elderly housing facility or
place of worship does not commit a violation of this section if any
of the following apply:
(1)
The person established the permanent residence and reported and registered
the residence pursuant to MGL c. 6, §§ 178C to 178P,
inclusive, prior to the date on which this bylaw takes effect.
(2)
The person was a minor when he/she committed the offense and was
not convicted as an adult.
(3)
The person is a minor.
(4)
The Town Library or school, day-care center, park, elderly housing
facility or place of worship within 1,000 feet of the personal permanent
residence was established after the person established the permanent
residence and reported and registered the residence pursuant to MGL
c. 6, §§ 178C to 178P, inclusive.
(5)
The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
(6)
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.
(7)
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 licensed
as a residential program and that provides twenty-four-hour-a-day
staffing and supervision, pursuant to MGL c. 19, § 19 and
104 CMR 28.13 et seq., or MGL c. 19B, § 15 and 115 CMR 8.01
et seq.
[1]
Editor's Note: Within this section, the subsection designations
1 through 5 were changed to A through E, respectively. In addition,
subsections designated as a. through g. were redesignated as (1) through
(7), respectively. These changes were made with the permission of
the Town Clerk in order to maintain a consistent and appropriate numbering
scheme within the Code.
A.
It shall be unlawful for a sex offender who has been convicted of
a sex offense involving a child to knowingly be present at any Town
park.
B.
It shall be unlawful for a sex offender who has been convicted of
a sex offense involving a child to loiter within 300 feet of a park.
C.
Enforcement. If a police officer reasonably believes that a sex offender
who has been convicted of a sex offense involving a child is in a
Town park or loitering within 300 feet of a Town park, in violation
of this bylaw, the officer shall require said sex offender to provide
his/her name, address, and telephone number. If it is established
that the individual is a sex offender who has been convicted of a
sex offense involving a child, then the officer shall notify said
sex offender that he/she is in violation of this bylaw.
D.
Noncriminal fine. In addition to enforcement by criminal complaint,
a violation of this section may also be enforced by a police officer
by noncriminal complaint pursuant to the provisions of MGL c. 40 § 21D.
Each day on which a violation exists shall be deemed to be a separate
offense. The penalty for violation of this section shall be $300.
E.
If any provision of this bylaw is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall
remain in full force and effect. If any provision of this bylaw is
in conflict with state law, state law will prevail.
[1]
Editor's Note: Within this section, the subsection designations
a through e were changed to A through E, respectively, with the permission
of the Town Clerk in order to maintain a consistent and appropriate
numbering scheme within the Code.
