[HISTORY: Adopted by the Town of Lancaster as indicated in
article histories. Amendments noted where applicable.]
[Adopted 10-28-2013 STM
by Art. 9]
A.
It is the
intent of this bylaw to protect the Town’s interest to promote
and protect the public health, safety and welfare of the inhabitants
of the Town of Lancaster by creating areas around locales where children
and the elderly regularly congregate and wherein certain sex offenders
are prohibited from establishing temporary or permanent residence.
B.
It is determined
that this bylaw is the most narrowly crafted means of restricting
to the fullest extent possible the opportunity for registered sex
offenders to approach or interact with children and the elderly where
they routinely and naturally congregate and that the protections of
the health and safety of our children is a compelling public and governmental
interest.
C.
This bylaw
is intended to create a civil nonpunitive regulatory scheme in order
to protect children and the elderly to the greatest extent possible
under the circumstances of public welfare protections and not as a
punitive measure of any kind.
D.
Registered
sex offenders pose a clear threat to children and the elderly as vulnerable
groups residing in or visiting the Town. Because registered sex offenders
are more likely than any other type of offender to re-offend for another
sexual offense, the Town desires to impose safety precautions in furthering
the public purpose of protecting these groups. The purpose of this
bylaw is to mitigate the potential risk of harm to children and the
elderly of the Lancaster community by deterring the ability for registered
sex offenders to be in contact with unsuspecting individuals in locations
that are primarily utilized by such groups. The Town desires to add
location restrictions on such offenders where state law is silent.
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.
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.
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).
Public land designated for active or passive recreational
or athletic use by the Town of Lancaster, the Commonwealth of Massachusetts
or other governmental subdivision, and located within the Town of
Lancaster.
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.
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.
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.
The collected information and data that is received by the
criminal history systems board pursuant to Sections 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.
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.
A.
It is unlawful
for any sex offender who is finally classified as a Level 2 or 3 offender
pursuant to the guidelines of the Sex Offender Registry Board to establish
a permanent residence within 2,000 feet of any school, day-care center,
park, elderly housing facility or place of worship, if, after notice
and a hearing before the Police Chief and/or his designee, the Police
Chief and/or his designee determines that the sex offender poses a
risk to the public and, therefore, residency should be limited in
accordance with this section.
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 a
school, day-care center or park, elderly housing facility or place
of worship.
C.
Notice
to move. Any registered Level 2 or Level 3 sex offender who establishes
a permanent residence within 2,000 feet of 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 chapter, move from said
location to a new location, but said location may not be within 2,000
feet of 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
2,000 feet of 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 Lancaster to another that is within 2,000 feet of any school, day-care
center, park, elderly housing facility or place of worship.
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
Select Board, the Town Administrator, or their duly authorized agents,
or any police officer of the Town of Lancaster, 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:
[Amended 6-21-2021 ATM by Art. 7]
(1)
First
offense: notification to offender that he/she has 30 days to move,
if, after notice and a hearing before the Police Chief and/or his
designee, the Police Chief and/or his designee determines that the
sex offender poses a risk to the public and, therefore, residency
should be limited in accordance with this bylaw.
(2)
Subsequent
offense: This shall apply to any offender served or supplied with
a notification of a first offense and a hearing that has failed to
comply with all requirements of the notification within the thirty-day
period. Noncriminal fine pursuant to Article XXV of the General Bylaws
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.
E.
Exceptions.
A person residing within 2,000 feet of any school, day-care center,
park, playground, 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 prior to the effective date of this bylaw.
(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
school, day-care center, park, elderly housing facility or place of
worship within 2,000 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.
(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 professionally
staffed and supervised 24 hours a day.
