Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-045. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the respective meanings ascribed to them:
ADULT CRIMINAL LEVEL THREE SEX OFFENDER
A person convicted of a criminal sex offense as defined in MGL c. 6, § 178C, and designated as a level three sex offender by the Massachusetts Sex Offender Registry Board, established and maintained pursuant to MGL c. 6, § 178D. The Board has determined that these individuals have a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification.
DAY-CARE CENTER
Any establishment, whether public, private or parochial, which provides care for children and is registered with and licensed by the Commonwealth of Massachusetts Department of Early Education and Care and is located within the Town of Braintree.
ELDERLY HOUSING FACILITY
A building or buildings on the same lot containing four or more dwelling units restricted to occupation by households having one or more members 55 years of age or older or which provides a group residence for individuals over the age of 55 and located within the Town of Braintree.
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, 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 lease or rental agreement, whether in writing or verbal.
GIS
The Town of Braintree's geographic information system.
LOITER
To remain in or around a school, day-care center, park, recreational facility open to the public, elderly housing facility, or school bus stop for more than 10 minutes.
PARK
Any public land located within the Town of Braintree that has been designated for active or passive recreational or athletic use by the Town of Braintree, the Commonwealth of Massachusetts, or other governmental subdivision.
RECREATIONAL FACILITY OPEN TO THE PUBLIC
A playground, forest, conservation area, jogging trail, running path, hiking trail, pond, beach, water park, wading or swimming pool, athletic field, hockey rink, golf course, miniature golf business, arcade, laser tag establishment, Boys and Girls Club(s), skate park, dance or gymnastic studio, movie theater, or martial arts school, whether publicly or privately owned, to which the public has a right of access as an invitee and which is located within the Town of Braintree.
RESIDENCE, PERMANENT
A place where a person lives, abides, lodges, or resides for 14 or more consecutive days.
RESIDENCE, TEMPORARY
A place where a person lives, abides, lodges, or resides for less than five consecutive days or 14 days in the aggregate during any calendar year, but shall not include residence at a hospital or other health care or medical facility for less than 14 consecutive days.
SCHOOL
A licensed or accredited public or private school or church school that offers instruction in preschool, including a licensed day-care or other business permitted as a school by the Town of Braintree, or any of grades kindergarten through high school, which is located within the Town of Braintree. This definition shall not include private residences in which students are taught by parents or tutors.
SCHOOL BUS STOP
Any area designated by the Braintree School Department or by any private or parochial school within the Town of Braintree as a school bus stop.
A. 
It shall be unlawful for any person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, to establish a temporary or permanent residence or any other living accommodations within the Town of Braintree which is within 1,500 feet of the property on which any school, day-care center, park, elderly housing facility, designated as a school bus stop, Department of Elder Affairs on Cleveland Avenue, or recreational facility open to the public is located.
B. 
It shall be unlawful for a property owner to knowingly let, lease, or rent any place, building, structure, or part thereof as a temporary or permanent residence to any person who is prohibited from establishing such residence pursuant to Subsection A of this section if such place, building, structure, or part thereof is located within the Town of Braintree and within 1,500 feet of the property on which any school, day-care center, park, elderly housing facility, designated as a school bus stop, Department of Elder Affairs on Cleveland Avenue, or recreational facility open to the public is located.
C. 
The one-thousand-five-hundred-foot restriction shall be measured in a straight line from the nearest property line upon which the house, apartment complex, condominium complex, motel, hotel or other residence is located to the property line of the nearest school, day-care center, park, elderly housing facility, designated as a school bus stop, Department of Elder Affairs on Cleveland Avenue, or recreational facility. Distances will be taken from the Town's GIS system. The Town's GIS system shall be presumed accurate and shall be evidence of a violation.
D. 
Exceptions. A person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, residing within the Town of Braintree and within 1,500 feet of the property on which any school, day-care center, park, elderly housing facility, designated as a school bus stop, Department of Elder Affairs on Cleveland Avenue, or recreational facility open to the public is located does not commit a violation of this residency restriction if any of the following apply:
(1) 
The person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, established the permanent residence prior to the effective date of this chapter and:
(a) 
Permanent residence was established by purchasing the real property where the residence is established, as long as the person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, continues to reside in, and does not move to another restricted location in the Town of Braintree different from the permanent residence established prior to the effective date of this chapter; or
(b) 
Permanent residence was established through a valid, fixed-term, written lease or rental agreement, executed prior to the effective date of this chapter, as long as the person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, continues to reside within, and does not move to another restricted location in the Town of Braintree different from the permanent residence established prior to the effective date of this chapter; or
(c) 
Permanent residence was established through a verbal lease or rental agreement at the will of the landlord, as long as the person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, continues to reside within said residence, and does not move to another restricted location within the Town of Braintree different from the permanent residence established prior to the effective date of this chapter.
(2) 
The registered sex offender is a minor living with his or her parent(s) or legal guardian(s), and said parent(s) or legal guardian(s) established a permanent residence pursuant to Subsection D(1) of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
Changes to the use of property resulting in the construction, designation, establishment or location of a school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public within 1,500 feet of an adult criminal level 3 sex offender's registered address which occur after an adult criminal level 3 sex offender establishes temporary or permanent residency at such address shall not form the basis for finding that a criminal sex offender is in violation of this chapter.
If, either after the effective date of this chapter or after a new school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public is located within 1,500 feet of an adult criminal level 3 sex offender's registered address, a conviction of another sex offense is issued by a court against an adult criminal level 3 sex offender who was otherwise enjoying an exception to this chapter under § 9.800.030, the adult criminal level 3 sex offender shall immediately forfeit the exception afforded by § 9.800.030 and be required to comply with § 9.800.020 of this chapter.
With the exception as stated in § 9.800.030 above, a person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, who establishes a residence on a permanent or temporary basis within 1,500 feet of any school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public, or the Department of Elder Affairs located on Cleveland Avenue, following passage of this chapter shall be deemed to be in violation of this chapter and shall, within 60 days of receipt of written notice from the Braintree Police Department of the registered sex offender's noncompliance with this chapter, move from said location to a new location, but said new location may not be within 1,500 feet of any school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public, or the Department of Elder Affairs located on Cleveland Avenue, within the Town of Braintree. The first day following the sixty-day written notice shall be considered the first violation. Following the first violation, every day that the person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, continues to reside within the Town of Braintree and within 1,500 feet of any school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public, or the Department of Elder Affairs located on Cleveland Avenue, shall be considered a separate violation. Further, it shall be a violation each day that an adult criminal level 3 sex offender shall move from one location within the Town of Braintree to another that is within 1,500 feet of any school, day-care center, park, elderly housing facility, school bus stop, or recreational facility open to the public, or the Department of Elder Affairs located on Cleveland Avenue.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
A. 
Prohibitions.
(1) 
A person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, is prohibited from entering or loitering upon the premises of a school or day-care center unless previously authorized, in writing, by the school administration or day-care center owner.
(2) 
A person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, is prohibited from entering or loitering upon the premises of an elderly housing facility unless previously authorized, in writing, by the on-site manager of the elderly housing facility.
(3) 
A person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, is prohibited from entering or loitering upon the premises of any park or recreational facility open to the public.
B. 
Exceptions.
(1) 
The prohibitions defined in Subsection A(1) through (3) of this section shall not be construed or enforced so as to prohibit a person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, from exercising his or her right to vote in any federal, state or municipal election, or from attending any religious service.
(2) 
The prohibitions defined in Subsection A(1) through (3) of this section shall not apply to the place of residence of a person classified as an adult criminal level 3 sex offender, for so long as such person is so classified, when such residence has been accepted under § 9.800.030.
Pursuant to MGL c. 40, § 21D, the following penalties may be imposed by the Town of Braintree Police Department for violation of this chapter:
A. 
First offense by registered sex offender: noncriminal fine of $150 and/or notice to person that s/he has 30 days to move.
B. 
Subsequent offense by registered sex offender: noncriminal fine of $300 and notification to offender's landlord, parole officer and/or probation officer and the Commonwealth's Sex Offender Registry Board that the sex offender has violated a municipal ordinance.
C. 
A property owner's failure to comply with this chapter shall subject said property owner to a noncriminal fine of $100 per offense. Each day that a property owner fails to comply with this chapter shall constitute a separate offense.
The Braintree Police Department shall be charged with the enforcement of this chapter.
This chapter shall become effective immediately upon its passage.
If any clause, sentence, paragraph, section or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalidated, such judgment shall not affect or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter without such unconstitutional or invalid parts therein.