Final passage of the new ordinance is scheduled Feb. 3.
Christopher M. CreanWESTFIELD – The City Council is poised to pass a new sex offender ordinance that limits where registered offenders can live in the city, but it includes a grandfather clause for those already here.
Final passage of the ordinance, initiated by Ward 6 City Councilor Christopher M. Crean, is expected when the council meets in regular session Feb. 3.
The new law gives enforcement of the regulation to the Police Department and is the result of a review of similar laws across the country and one in force in Springfield.
Crean, who said he requested the policy after talking with residents concerned about sex offenders living near schools, said this week he is “satisfied” with the new provision. “This will make residents more comfortable , and this is something that need to be on the books,” Crean said.
“My concerns go beyond Ward 6. I have concerns for other residents in other neighborhoods,” the councilor said. “Westfield needs to be in a position to have this before an incident occurs, and the plus side of this is that it gives our Police Department more authority,” he said.
The ordinance adds residency restrictions and child safety zones specifically in locations where children live, play and go to school, officials said.
The ordinance blocks registered sex offenders from living within 1,000 feet of a school. Also, they could not loiter within 1,000 feet of a school, park or private or public recreational facility.
Currently the state registry of sex offenders lists nine Level 3 offenders who reside in Westfield. The residences are located on Hampden, Elm, Washington, Park, Clark and Court streets, Elizabeth Avenue, Pinewood Lane and Lockhouse Road.
Violation of the ordinance carries a noncriminal fine not to exceed $300, and each day of any violation is considered a separate offense. The first violation includes notification that the offender has 30 days in which to move.
The ordinance states that the City Council considers sex offenders a significant health and safety risk and that “this legislation is a compelling government interest and is a narrowly tailored means of limiting the opportunity for registered sex offenders to be in contact with children and where they congregate.”
Shanna R. Reed, assistant city solicitor who wrote the ordinance, said there are about two dozen states that have enacted residency restrictions for registered sex offenders. “Massachusetts is not one of them, but there are several communities in the state that passed some type of restriction on residency of convicted sex offenders,” she said.
The closest is Springfield, and that city’s regulation was reviewed and considered in drafting Westfield’s new law, she said.
Reed said that because Massachusetts has no restriction, it is important to include the grandfather clause for registered sex offenders who might already live within the 1,000-foot school zone.