Councilors don’t want them living near schools, playgrounds
By JACK ENCARNACAO
The Patriot Ledger
WEYMOUTH - An ordinance to be proposed to the town council would ban registered sex offenders in Weymouth from living within 1,500 feet of schools and playgrounds, making the town the first South Shore community to propose such a restriction.
The ordinance is being proposed by Councilors Patrick O’Connor and Thomas Lacey and will be taken up by the council at its meeting Monday night.
‘‘This is something I’ve been looking into for a long time,’’ O’Connor said. ‘‘I have been researching this and I have seen the pros and the cons of this. The pros outweigh the cons a thousand to one. There should be a unanimous vote from the council to send the message that if you’re a sex offender and you plan on living in Weymouth, plan on living away from our children.’’
O’Connor pointed to a registered sex offender with two child rape convictions who lives on Union Street close to the Stella Tirrell Playground.
The ordinance would restrict registered Level 3 offenders from living or working within 1,500 feet of a day care center, private or public school or playground. Level 3 sex offenders are categorized by the state as highly likely to offend again.
The 1,500-foot restriction would be measured from the nearest property line of the sex offender’s residence to the property line of the nearest school or recreation facility, the proposed ordinance says.
Sex offenders who already live near schools and playgrounds would not be forced to move out. The ordinance as currently written would apply only to offenders looking to move into a new residence in Weymouth.
Councilor O’Connor said he is open to an amended version of the ordinance that would force sex offenders out of their homes if they are too close to a school.
‘‘I would entertain to do that, to not grandfather people in,’’ O’Connor said. ‘‘However, legally standing, I did not know if the bill would then be challenged. I believe it’s more important to at least get the restriction in place than for the bill to fail entirely.’’
If the ordinance passes, sex offenders who move into a residence near schools or playgrounds would be given 30 days to move out or face a fine of $100 to $5,000 per offense. Each day the offender does not move out would be considered a separate offense.
It is not clear how the ordinance would be enforced. Police Chief James Thomas did not return a call for comment.
O’Connor said he believes Weymouth would be the first South Shore town to take up a law like this. At least one other community in the state has enacted one. The town of Marlboro passed a 1,000-foot residency restriction this year, and Revere, Fitchburg and Dedham have considered them.
A state representative from Shrewsbury, Karyn Polito, is pushing for legislation that would establish ‘‘predator-free zones’’ across the state.
Charles McDonald, the spokesman for the state’s sex offender registry board, said the agency does not come down one way or another on residency restrictions for offenders.
‘‘The sex offender registry board does not supervise sex offenders, what we do is register, classify and disseminate,’’ he said.
Similar restrictions across the country have been met with skepticism, in part because studies have shown that most sex crimes are committed by people known to the victim, not by random strangers who live near schools.
There are also concerns that sex offenders could have their right to live in certain communities taken away if local restrictions are too harsh. Weymouth has 12 public school buildings and some 45 parks and recreation areas, many with playgrounds.
There have been legal challenges in other states to the laws, but O’Connor said courts have so far come down on the side of municipalities having the right to enact such restrictions.
O’Connor said he’s studied the issue nationwide, even talking to the mayor of an Alabama community where there are such restrictions. He and Lacey said Weymouth is in the clear to adopt the law.
‘‘It's a perfect example of local legislation taking an additional step that the state does not,’’ Lacey said. ‘‘It’s a no-brainer. We should be looking at any way to provide protection for children by having Level 3 sex offenders as far away as possible.’’
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