(a)
ADULT CRIMINAL LEVEL 3 SEX OFFENDER
GIS
SCHOOL
Definitions. For the purpose of this section, the following terms
shall have the respective meanings ascribed to them:
A person convicted of a criminal sex offense and designated
as a Level 3 sex offender by the Massachusetts Sex Offender Registry
Board. 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.
Geographic information system.
A licensed or accredited public or private school or church
school that offers instruction in pre-school, including a licensed
day care or other business permitted as a school by the Town of Weymouth,
or any of grades Kindergarten through Grade 12. This definition shall
not include private residences in which students are taught by parents
or tutors.
It shall be unlawful for any adult criminal Level 3 sex offender
to establish a residence or any other living accommodations within
1,500 feet of the property on which any school, day-care center, park,
or recreational facility open to the public is located. The fifteen-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, or recreational
facility. Distances will be taken from the Town's GIS system, and
GIS services to the Town shall be presumed accurate and shall be evidence
of a violation.
Changes to property resulting in a school, day-care center,
park, or recreational facility 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 residency shall not form
the basis for finding that a criminal sex offender is in violation
of Section 6-1300 of these ordinances.
Level 3 registered sex offenders who reside on a permanent or
temporary basis within 1,500 feet of any school, day-care center,
park, or recreational facility following passage of this section shall
be in violation of this section and shall, within 30 days of receipt
of written notice of the registered sex offender's noncompliance with
this section, 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, or recreational facility. The first day following the
thirty-day written notice shall be considered the first violation.
Following the first violation, every day that the registered sex offender
continues to reside within 1,500 feet of any school, day-care center,
park, or recreational facility shall be considered a separate violation.
The following penalties will be imposed by the Weymouth Police
Department:
(a)
First offense by registered sex offender: noncriminal fine of $150.
(b)
Subsequent offense by registered sex offender: noncriminal fine of
$300 and notification to offender's parole officer and/or probation
officer and the Commonwealth's Sex Offender Registry Board that the
sex offender has violated a municipal ordinance.
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This section expressly does not repeal or otherwise affect any
other provisions of the Code of Ordinances of the Town of Weymouth,
Massachusetts.
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