[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:
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.
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.
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.
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.
The Town of Braintree's geographic information system.
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.
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.
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.
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
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.
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.
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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.
[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.Â
Prohibitions.
(1)Â
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)Â
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)Â
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.Â
Exceptions.
(1)Â
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.
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.Â
First offense by registered sex offender: noncriminal fine of $150
and/or notice to person that s/he has 30 days to move.
B.Â
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.Â
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.
