CHAPTER 14.
OFFENSES– MISCELLANEOUS.
§ 14-1. Advertisements– Posting.
§ 14-2. Same– Distributing.
§ 14-3. Curfew for minors.
§ 14-4. Dead animals– Disposition.
§ 14-5. Disorderly conduct; loitering.
§ 14-6. Firearms– Discharging.
§ 14-7. Monoosnock Brook and Nashua River– Depositing materials therein.
§ 14-8. Noise– Generally.
§ 14-9. Same– Bells or horns.
§ 14-10. Nude bathing.
§ 14-11. Spitting.
§ 14-12. Streams– Polluting.
§ 14-13. Trespassing; "Peeping Toms."
§ 14-14. Alcoholic beverages– Consumption or opened containers on public and private lands.
§ 14-15. Littering.
§ 14-16. Enforcement of chapter.
§ 14-17. Noncriminal disposition.
§ 14-18. Enclosure of swimming pools.
§ 14-19. Feeding or baiting of waterfowl prohibited.
§ 14-20. Sex offender residency restrictions.
§ 14-20.1. Determinations and intent.
§ 14-20.2. Definitions.
§ 14-20.3. Sexual offender residence prohibition, restrictions, penalties.
§ 14-20.4. Additional exceptions.
§ 14-20.5. Safety zones.
§ 14-20.6. Enforcement.
§ 14-20.7. Severability.
Sec. 14-1. Advertisements– Posting.
No person shall post any advertisement or notice upon any shade tree, bridge, fence, guidepost or pole used for the transmission of electricity in the city.
(R. O. 1960, ch. 41, § 12.)
Sec. 14-2. Same– Distributing.
No person shall distribute or cause to be distributed any handbill, circular, program or advertising slip in or upon any street or sidewalk in the city; except, that such handbill, circular, program or advertising slip may be placed within the doors of stores, offices and business houses and at the doors of residences.
(R. O. 1960, ch. 41, § 13.)
As to streets and sidewalks generally, see ch. 20 of this Revision.
Sec. 14-3. Curfew for minors.
(a) Definitions. For the purpose of this section, the following definitions shall be applicable:
"Curfew hours" means 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. of the following day and 12:01 A.M. until 6:00 A.M. on any Saturday or Sunday.
"Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
"Guardian" means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
"Minor" means any person under eighteen years of age.
"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
"Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person or at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain" means to linger or stay or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(b) Offenses.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of any establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under subsection (b) of this section that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civil organization or another similar entity that takes responsibility for the minor, or going to or returning from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
i. Married or had been married in accordance with chapter 207, section 7 of the Massachusetts General Laws.
(2) It is a defense to prosecution under subsection (b)(3) of this section that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(d) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, no defense under subsection (c) of this section is present.
(e) Violations– Penalties.
(1) Criminal Disposition. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by fine not to exceed three hundred dollars.
(2) Noncriminal Disposition. Any person who violates any provision of this chapter may be penalized by a noncriminal disposition. This chapter shall be enforced by the police department. The penalty for each violation shall be fifty dollars for each day or part of a day during which the violation is committed, continued or permitted.
(R. O. 1960, ch. 41, § 23; 11-14-94.)
Sec. 14-4. Dead animals– Disposition.
No person shall throw the carcass of any dead animal or any other animal substance likely to putrefy into any pond, stream or other body of water or leave such carcass or animal substance on the surface of the ground or insufficiently buried.
(R. O. 1960, ch. 41, § 8.)
As to dogs generally, see ch. 6 of this Revision.
Sec. 14-5. Disorderly conduct; loitering.
No person shall:
(a) Behave himself in a disorderly manner.
(b) Use any indecent or profane language on any street, or other public place.
(c) Be or remain upon any doorstep, portico or other projection from any house or other building after having been requested by any person in charge of such premises or by any constable or police officer to leave.
(d) Be or remain in or loiter in the lobby, hallway or corridor of any hall, theater or other building where a dance, entertainment or other meeting is being held.
(e) Be or remain in any public area, or area to which the public has a right of access, for any purpose not specifically designated for such area or for which purpose such area is not customarily or generally used, unless such person shall have first obtained a permit from the chief of police or other authorized public official.
Such permit may be issued for any specific public assemblage or congregation if, in the opinion of the chief of police or other authorized official, such requested use would not create a public hazard or threat to the safety and passage of the general public.
(R. O. 1960, ch. 41, § 5; 5-10-76).
Sec. 14-6. Firearms– Discharging.
No person shall fire or discharge any gun, pistol or firearm in or across any street; provided, that this section shall not apply to the use of such weapons at any military exercise or review under the authority of a commissioned officer of the militia, or to the lawful defense of the person, family or property of any citizen, or to any person firing a salute of cannon, having been duly authorized.
(R. O. 1960, ch. 41, § 3.)
Sec. 14-7. Monoosnock Brook and Nashua River– Depositing materials therein.
No person shall throw or drop any material of any nature or description into or along the shores of the Monoosnock Brook and the Nashua River within the confines of the city.
(R. O. 1960, ch. 41, § 19.)
Sec. 14-8. Noise– Generally.
(a) Subject to the provisions of the section, the creation of any unreasonably loud, disturbing and unnecessary noise and any noise of such character, intensity and duration as to be detrimental to the life or health of any individual shall be prohibited within the city.
(b) The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus, street car or other vehicle while not in motion, except as a danger signal, the sounding of any horn or signal device on any such vehicle while in motion, except as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended and the sounding of any such horn or signal device for an unnecessary and unreasonable period of time; provided, that any such noise shall be plainly audible at a distance of one hundred feet.
(2) The playing of any radio, phonograph, musical instrument or other instrument intended or utilized so as to reproduce sound, other than sound reproduction systems operated within a motor vehicle, in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence; provided, that any such noise shall be plainly audible at a distance of fifty feet; provided further, that nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air.
(3) The keeping of any animal or bird which by biting or by causing frequent or long continued noise shall disturb the quiet, comfort or repose of any person in the vicinity.
(4) The use of any automobile, motorcycle, street car or other vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling or other noise; provided, that any such noise shall be plainly audible at a distance of one hundred feet.
(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as an alarm or danger signal.
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motor boat or outboard motor engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) The erection, demolition, alteration or repair of any building and any excavation in regard thereto, except between 7:00 A.M. and 9:00 P.M. Monday through Friday, 8:30 A.M. and 5:00 P.M. Saturday and 1:00 P.M. and 5:00 P.M. Sundays, or except in the interest of public safety or welfare, upon the issuance of and pursuant to a permit from the building commissioner which may be renewed for one or more periods of not exceeding one week each.
(8) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session or adjacent to any hospital or church which unreasonably interferes with the conduct of the foregoing; provided, that any such noise shall be plainly audible at a distance of twenty-five feet; provided further, that a conspicuous warning sign using appropriate words has been displayed in such street indicating that the same is a school, hospital, church or court street.
(9) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
(10) No sound reproduction system operated within a motor vehicle shall be used in such a manner as to create unnecessary noise for any person other than the driver and passengers in said vehicle.
(R. O. 1960, Ch. 2, § 12; 11-14-94; 8-27-01.)
Sec. 14-9. Same– Bells or horns.
No person shall ring or cause to be rung any bell, use or cause to be used any horn or other instrument in any street or public place in the city to give notice of any business or calling or sale of any article or sell or offer for sale by public proclamation in any street or public place any article, unless duly authorized so to do.
(R. O. 1960, Ch. 41, § 10.)
Sec. 14-10. Nude bathing.
No person in a state of nudity shall bathe in any pond, stream or other place exposed to public view or in the vicinity of any dwelling house between one hour before sunrise and one hour after sunset.
(R. O. 1960, Ch. 41, § 7.)
Sec. 14-11. Spitting.
No person shall spit tobacco juice on the floor of any room in any public building or on the floor of any hall or entrance to any public building of the city.
(R. O. 1960, Ch. 41, § 6.)
Sec. 14-12. Streams– Polluting.
No person shall foul any brook, stream or other body of water with any substance which shall kill the fish therein or create offensive smells therefrom so as to injure the public health or annoy the inhabitants of the city.
(R. O. 1960, Ch. 41, § 9.)
Sec. 14-13. Trespassing– "Peeping Toms."
No person except a police officer in the performance of his duties shall enter upon the premises of another or upon any public property with the intention of peeping into the windows of a house or other building or spying in any manner upon any person therein.
(R. O. 1960, Ch. 41, § 22.)
Sec. 14-14. Alcoholic beverages– Consumption or opened containers on public and private land.
No person shall drink, or possess an open container full or partially full of any alcoholic beverage as defined in Chapter 138 Section 1 of the General Laws of Massachusetts, while on, in or upon any public way, upon any way to which the public has a right of access as invitees, in any park or playground or on private land or place without consent of the owner or person in control thereof. All alcoholic beverages or containers being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person or persons and disposed of as directed by the court.
Any person who violates this section shall be punished by a fine not to exceed one hundred dollars for each offense.
(8-27-73; 6-8-81.)
Sec. 14-15. Littering.
No person shall scatter, throw or otherwise deposit any cans, bottles, paper, peelings, hulls, garbage, trash or other refuse or litter on, in or upon any public way, upon any way to which the public has a right of access as invitees, in any park or playground or on any private land or place without consent of the owner or person in control thereof. Any person who violates this section shall be punished by a fine of up to three hundred dollars for each offense.
(9-13-82.)
Sec. 14-16. Enforcement of chapter.
The health director and all duly appointed police officers are hereby authorized to enforce the provisions of this chapter.
(5-27-97.)
Sec. 14-17. Noncriminal disposition.
The health director or any duly appointed police officer may, as an alternative to initiating criminal proceedings, seek the noncriminal disposition of violations of section 14-4, section 14-8, or section 14-12 of this chapter or any board of health regulation adopted pursuant to or authorized to be enforced by sections 31, 31B, 122, 127A, 150A or 155 of chapter 111 of the General Laws or sections 6 and 16 of chapter 270 of the General Laws, by following the procedure set forth in section 21D of chapter 40 of the General Laws. For the purpose of this section only, any person who violates any provision of the foregoing ordinances or regulations shall be subject to a penalty of one hundred dollars for the first offense, two hundred dollars for the second offense, and three hundred dollars for the third and each additional offense.
(9-24-90; 5-27-97; 8-12-02.)
Sec. 14-18. Enclosure of swimming pools.
(a) Every private outdoor in-ground swimming pool within the city shall be enclosed by a fence, firmly secured at ground level, provided that any board or stockade fence or structure shall be not less than five feet in height, but if over five feet in height, the fence shall be chain link. Any gate shall be self-latching with latches placed four feet above the ground or otherwise made inaccessible from the outside to children up to eight years of age. Such enclosure shall be constructed of such material and maintained so as not to permit any opening in such enclosure, other than a gate, wider than three inches at any point along the enclosure. Any such pool shall be equipped with at least one life ring and a rescue hook.
(b) Any person who is the owner or otherwise responsible for maintenance of a private outdoor in-ground swimming pool who fails to comply with this section shall be subject to a penalty of twenty-five dollars for each such violation. Each day of noncompliance shall be deemed a separate violation.
(c) Public and semi-public outdoor in-ground swimming pools shall be enclosed and maintained in accordance with Massachusetts General Laws Chapter 140, section 206.
(1-26-98.)
Sec. 14-19. Feeding or baiting of waterfowl prohibited.
No person, except the Director of the Massachusetts Division of Fisheries and Wildlife or the Commissioner of the Department of Conservation and Recreation, or their agents or designees, as authorized pursuant to Chapter 131 of the General Laws, shall feed or bait any waterfowl of the family Anatidae, including, but not restricted to ducks, geese, and swans, or any bird of the family Laridae, including but not restricted to any gull, at any place within the city of Leominster. As used in this paragraph, "feeding" and "baiting" shall mean the placing, exposing, depositing, distributing, or scattering, directly or indirectly, of any shelled, shucked, or unshucked corn, wheat, or other grain, bread, or salt, or any other feed or nutritive substances, in any manner of form, so as to constitute for such birds a lure, attraction, or enticement to, on, or over any such areas where such food items have been placed, exposed, deposited, distributed, or scattered.
Nothing in this ordinance shall be construed to limit the feeding of domesticated waterfowl, as defined by the Division of Fisheries and Wildlife, by a farmer as defined in Section 1A of Chapter 128 on property owned or leased by him, or the feeding of waterfowl or other birds by propagators licensed under Section 23 of Chapter 131 of the General Laws when such waterfowl or other birds are confined in such a manner as may be required pursuant to said Section 23 and any Rules and regulations issued under authority thereof; or the feeding by any person or his agents, invitees or licensees of waterfowl lawfully kept as a pet by such person.
Notwithstanding the above, the Mayor or his agent or designee or the Director of the Massachusetts Division of Fisheries and Wildlife or his agent or designee may authorize the emergency feeding of waterfowl and other birds when, in his opinion, such action is necessary to alleviate undue losses and suffering of such birds due to unusual weather conditions and other circumstances. The director may authorize such action by such means as he deems necessary and expedient, but such means shall include the immediate notification of the mayor by first class mail.
Notwithstanding the above, the Director of the Massachusetts Division of Fisheries and Wildlife or the Commissioner of the Department of Conservation and Recreation, or their agents or designees, may, with prior permission of the mayor, be permitted to feed or bait any waterfowl or birds within the City for the purpose of capturing such waterfowl or birds for research purposes. Said agencies shall provide copies of any written reports or data generated from such research to the mayor and to the conservation commission.
Any person who violates any provision of this ordinance shall be given a written warning for a first offense and shall be subject to a fine of fifty dollars for each offense thereafter.
This ordinance may be enforced by city police officers, the board of health and its agents, or the conservation commission and its agents.
(5-11-09; 12-27-10)
Sec. 14-20. Sex offender residency restrictions.
Sec. 14-20.1. Determinations and intent.
(a) It is the intent of this ordinance to protect the city's compelling interest to promote and protect the public health, safety and welfare of the inhabitants of the city of Leominster by creating areas around locales where children regularly congregate and wherein certain sex offenders are prohibited from establishing temporary or permanent residence.
(b) It is determined that this ordinance 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 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 ordinance is intended to create a civil nonpunitive regulatory scheme in order to protect children 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 as a vulnerable group residing in or visiting the city. Because registered sex offenders are more likely than any other type of offender to re-offend for another sexual offense, the city desires to impose safety precautions in furthering the public purpose of protecting children. The purpose of this ordinance is to mitigate the potential risk of harm to children of the Leominster community by deterring the ability for registered sex offenders to be in contact with unsuspecting children in locations that are primarily utilized by such children, that is the grounds of public and private schools for children. The city desires to add location restrictions to such offenders where state law is silent.
(9-13-10)
Sec. 14-20.2. Definitions.
The following words, terms, and phrases when utilized in this chapter shall have the meanings ascribed to them in this section, except where the context clearly describes a different meaning:
1. "Registered sex offender" for the purposes of this chapter shall mean: (a) any person who is a sexually violent predator as defined by Chapter 6, § 178C, of the Massachusetts General Laws and who is required to register as a sex offender pursuant to the guidelines of the sex offender registry board; (b) any person who is required to register as a sex offender pursuant to Chapter 6, § 178C, of the Massachusetts General Laws and who is finally classified as a level 3 offender pursuant to the guidelines of the sex offender registry; and
(c) any person who is required to register as a sex offender pursuant to Chapter 6, § 178C, of the Massachusetts General Laws, who is finally classified as a level 2 offender pursuant to the guidelines of the sex offender registry.
2. "Sex offender" and "sex offense" shall have the same meaning as provided for in M.G.L. Chapter 6, § 178C.
3. "Child" or "children" shall mean persons under eighteen years of age.
4. "School" – Any public or private educational facility that provides services to children in grades kindergarten through 12.
5. "Permanent residence" – A place where a person lives, abides, lodges, or resides for fourteen or more consecutive days.
6. "Temporary residence" – A place where a person lives, abides, lodges, or resides for a period of less than fourteen consecutive days or fourteen 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; but "temporary residence" shall not include residence at a hospital or other healthcare or medical facility for less than fourteen consecutive days or fourteen days in the aggregate during any calendar year.
7. "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 agreement whether through written execution or automatic renewal).
(9-13-10)
Sec. 14-20.3. Sexual offender residence prohibition, restrictions, penalties.
A. Prohibition. A registered sex offender is prohibited from establishing a permanent residence or temporary residence within one thousand feet of any school.
B. It shall be 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 one thousand feet of any school.
C. It shall be unlawful for a property owner to 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 this ordinance, if such place, building, structure, or part thereof is located within the city of Leominster and within one thousand feet of the property on which any school is located.
D. Evidentiary matters measurements. For purposes of determining the minimum distance separation under this section, the distance shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest outer property line of any school.
E. Exceptions. A registered sex offender residing within one thousand feet of any school does not commit a violation of this section if any of the following apply:
(1) The registered sex offender established the permanent residence prior to the effective date of this ordinance, and:
(a) Permanent residence was established by purchasing the real property where the residence is established, as long as the registered sex offender continues to reside in, and does not move to another restricted location in Leominster different from, the permanent residence established prior to the effective date of this ordinance; or
(b) Permanent residence was established through a valid arm's length, fixed-term, written lease or rental agreement, executed prior to the effective date of this ordinance, as long as the registered sex offender continues to reside within, and does not move to another restricted location in Leominster different from, the permanent residence established prior to the effective date of this ordinance; or
(c) Permanent residence was established through a verbal lease or rental agreement at the will of the landlord, as long as the registered sex offender continues to reside within, and does not move to another restricted location in Leominster different from, the permanent residence established prior to the effective date of this bylaw.
(2) The registered sex offender is a minor living with his or her parent(s) or legal guardian(s), which parent(s) or legal guardian(s) has (have) established a permanent residence pursuant to this section.
(3) The school within one thousand feet of the registered sex offender's permanent residence was designated or opened after the registered sex offender established the permanent residence.
F. Forfeiture of exception. If, either after the effective date of this ordinance or after a new school opens, a complaint or an indictment is issued by a court against a registered sex offender otherwise enjoying an exception under subsection E and judgment enters that such sex offender has committed another sex offense, he/she will immediately forfeit that exception and be required to comply with this section.
G. Notice to move. A registered sex offender who resides on a permanent or temporary basis within one thousand feet of any school, and who is not subject to any of the above exceptions, shall be in violation of this section and shall, within thirty days of receipt of written notice from the Leominster Police Department of the registered sex offender's noncompliance with the chapter, move from said location to a new location, but said location may not be within one thousand feet of any school. It shall constitute a separate violation for each day beyond the thirty days the registered sex offender continues to reside within one thousand feet of any school. Furthermore, it shall be a violation each day that a registered sex offender shall move from one location in the city to another that is within one thousand feet of any school.
H. Penalties.
(1) Any violation of this section shall be enforced by noncriminal disposition pursuant to M.G.L. c. 40, § 21D, as follows:
(a) First offense subject to this ordinance: noncriminal fine of one hundred fifty dollars, and notification to sex offender that he/she has thirty days to move.
(b) Subsequent offense subject to this ordinance: noncriminal fine of three hundred dollars, and notification to sex offender's parole officer and/or probation officer and the Commonwealth's Sex Offender Registry Board that the sex offender has violated the city's ordinance.
(2) For purposes of this section, notice shall be deemed to be sufficient and proper if the person receives service by registered mail, return receipt requested, or receives in hand service or service by a constable, sheriff or other person authorized to serve civil process within the Commonwealth of Massachusetts or other service as a court of competent jurisdiction may allow.
(9-13-10)
Sec. 14-20.4. Additional exceptions.
A person residing within one thousand feet of any school does not commit a violation of this section if any of the following apply:
A. The person was a minor when he/she committed the offense and was not convicted as an adult.
B. The school within one thousand feet of the permanent residence was established after the person established the permanent residence and reported and registered the residence pursuant to the Sex Offender Registry Law.
C. The person is incarcerated in any facility owned, maintained and/or operated by the city of Leominster.
(9-13-10)
Sec. 14-20.5. Safety zones.
A. Prohibitions.
(1) A registered sex offender is prohibited from entering upon the premises of a school unless previously authorized specifically in writing by the school administration.
(2) The prohibitions defined shall not be construed or enforced so as to prohibit a registered sex offender from exercising his or her right to vote in any federal, state or municipal election, or from attending any religious service.
B. Penalties. Any violation of this section may be enforced by noncriminal disposition pursuant to M.G.L. c. 40, § 21D, resulting in: (1) a noncriminal fine of one hundred fifty dollars for a first violation; and (2) a noncriminal fine of three hundred dollars for each additional violation of this section. A registered sex offender commits a separate offense for each and every violation of this section.