§ 5.28.070. The restriction of public library access for level 3 sex offenders.

A.

Definitions. The following words and phrases, when used in this section, shall have the following meanings:

1.

"Library Grounds" means: All areas that are designated as the physical location and property of the Revere Public Library, including: (i) the exterior structure of the building including all entrances, (ii) the interior of the building including all rooms, book stacks, common areas, restrooms, administrative areas, storage closets, and all other interior rooms in the building, (iii) the designated library parking spaces including handicapped spaces, and (iv) a perimeter area of five (5) feet around the library.

2.

"Child Sex Offender" means:

a.

Any person required to register as a sex offender pursuant to M.G.L. c. 6 §§ 178C through 178P, inclusive and given a Level 3 designation by the Sex Offender Registry Board under § 178K and whose victim was a child under the age of sixteen or who has not yet been classified and who resides, has secondary addresses, works or attends an institution of higher learning in the Commonwealth and who has been convicted of or who has been adjudicated as a youthful offender or as a delinquent juvenile, 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 of the following offenses: indecent assault and battery on a child under fourteen under M.G.L. c. 265 § 13B; rape of a child under sixteen with force under c. 265 § 22A; rape and abuse of a child under M.G.L. c. 265 § 23; assault of a child with intent to commit rape under M.G.L. c. 265 § 24B; kidnapping of a child under the age of sixteen for the purposes of committing a crime under M.G.L. c. 265 § 26C; indecent assault and battery on a mentally retarded person under M.G.L. 265 § 13F; assault with intent to commit rape under M.G.L. c. 265 § 24; inducing a minor into prostitution under M.G.L. c. 272 § 4A; living off or sharing earnings of a minor prostitute under M.G.L. c. 272 § 4B; disseminating to a minor matter harmful to a minor under M.G.L. c. 272 § 28; posing or exhibiting a child in a state of nudity under M.G.L. c. 272 § 29A; dissemination of visual material of a child in a state of nudity or sexual conduct under M.G.L. 272 § 29B; unnatural and lascivious acts with a child under sixteen under M.G.L. 272 § 35A; drugging persons for sexual intercourse under M.G.L. c. 272 § 3; aggravated rape under M.G.L. c. 277 § 39; and any attempt to commit a violation of any of the aforementioned sections pursuant to M.G.L. c. 274 § 6 or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, and whose victim was a child under the age of sixteen.

b.

A person who has been adjudicated a sexually dangerous person under M.G.L. c. 123 A § 14, as in force at the time of adjudication, or a person released from civil commitment pursuant to M.G.L. c. 123A § 9, whichever last occurs, on or after August 1, 1981, and whose victim was a child under the age of sixteen (16).

c.

A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends and institution of higher learning in the Commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in above at subsection (a), and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth on and after August 1, 1981, and whose victim was a child under the age of sixteen.

B.

Prohibition: It shall be unlawful for a level 3 sex offender to violate any of the following provisions regarding the use of the Revere Public Library:

1.

Level 3 sex offenders are prohibited from entering or being present on library grounds during designated scheduled hours which are as follows:

a.

Every weekday during the Revere Public School year from 2:00 p.m. to 8:00 p.m.

b.

Every weekday during the Revere Public School System summer vacations and school vacations from 9:00 a.m. to 1:00 p.m.

c.

Every Saturday from 9:00 a.m. to 3:00 p.m.

d.

Additional times for special children's activities as determined by the library staff.

2.

Level 3 sex offenders will not be allowed to attend lectures of other special events open to the public and held at the Revere Public Library without first notifying the front desk.

3.

During the allotted times level 3 sex offenders are allowed to be at the library they are required, immediately upon entry of the library grounds, to check in with the front desk and identify their presence with the front librarian.

a.

All level 3 sex offenders will be issued a restricted library card, or the equivalent upon first reporting with the front desk or any such desk identified by subsequent library policy. Level 3 sex offenders will be notified that upon receiving a restricted library card both their parole board and/or probation officers, if applicable, will be notified of their status.

b.

All library personnel will be informed of the presence of the sex offender, his or her name, and physical appearance.

4.

Level 3 sex offenders are strictly prohibited from entering the children's section of the library.

5.

Level 3 sex offenders are strictly prohibited from engaging in conversation or interacting in any fashion with children.

6.

Level 3 sex offenders are strictly prohibited from entering the library stacks without first informing library staff at the front desk.

7.

All level 3 sex offenders are required to check in with the front desk prior to using the bathroom. All level 3 sex offenders are required to check in with the front desk after using the bathroom.

8.

All level 3 sex offenders are required to notify the front desk when exiting the library.

9.

Level 3 sex offenders shall only be allowed to use a filtered computer.

C.

Exceptions. The provisions of this section shall not apply to:

1.

Any person whose name has been removed from the Massachusetts Sex Offender Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry or reclassified as a level 1 or level 2 sex offender in Massachusetts or lowest offender category in another jurisdiction.

2.

The sex offender's natural or adopted child(ren) attend the library, which child's use reasonably requires the attendance of the child sex offender as the child's parent upon the library grounds, subject to the following conditions:

a.

The child sex offender's entrance and presence upon the property occurs only during hours of operation related to the use as posted to the public.

b.

All other restrictions and conditions on the sex offender enumerated in this ordinance shall remain in effect.

c.

While the sex offenders natural or adopted child(ren) are allowed to use the children's section, the sex offender remains strictly prohibited from entering.

D.

Notice. The chief of police or his designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of this section (which notice shall contain a copy of the ordinance) to all persons who are listed on the sex offender registry as of the effective date of this section and who were given a level 3 designation, as well as those persons who are added to the sex offender registry at such levels thereafter, which person's address (as shown on the sex offender registry) are within the city. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested to the last known address of such person as listed on the sex offender registry or as otherwise known to the chief of police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this section.

E.

Enforcement.

1.

Upon reasonable belief of a librarian or other library employee that a child sex offender is present on library grounds in violation of any provision in this section, he shall immediately contact the Revere Police Department, alert all library staff of the violation, and initiate emergency protocol.

2.

Upon reasonable belief of the police officer that a child sex offender is present on library grounds in violation of this section, the officer shall obtain from the suspected child sex offender his or her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this section, then the officer shall issue a written citation that such individual is in violation of this section and also escort the individual off library grounds and will be subject to the penalties set forth in Subsection F.

F.

Penalties.

1.

Any violation of this ordinance found after a hearing, if one is so requested, by a level 3 sex offender will result in a lifetime ban of use of the Revere Public Library. The Massachusetts Sex Offender Registry Board, the parole board, and/or parole officer of the offender will immediately be informed of the violation.

2.

Any violation of this section may be subject to criminal penalties and prosecuted in a court of competent jurisdiction and shall result in a criminal fine of up to three hundred dollars for each offense. An offender who violates this ordinance and is later found on library grounds after the institution of the lifetime ban shall result in a criminal fine of up to three hundred dollars for each offense. A child sex offender who commits a separate offense for each and every violation of this ordinance except for persons who are not yet seventeen (17) years of age when they commit any such offense, violation of this section may further constitute a violation of M.G.L. c. 272 § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the city from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section, to include written notification to the parole and/or probation officer and the commonwealth's sex offender registry board that the child sex offender has violated a municipal ordinance.

3.

Injunction. If a child sex offender is present upon or within library grounds in violation of this section, the city solicitor may bring an action in the name of the city to permanently enjoin any such violation as a public nuisance.

(C.O. 11-378, § 1, 12-19-2011)