Minutes - Monday 20 March 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 20 March 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:04 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang,
James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St. Hilaire, Jason C.
Silva (arrived @ 7:06 PM), Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Lang
Comments by Citizens (subject to the conditions contained in Appendix
A to the "Rules and Orders "): Anyone who would like to speak at the Meeting has until
9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each).
1. Myron Hood, 7 Auburn Road
Resolutions: None
Presentations, Awards & Memorials:
1. #332 — Powers & Sullivan — FY2016 Audit
Received and Placed on File — Vote: 9 -0
Public Hearings:
1. 7:30 PM - #335 — Beverly Regional Airport Avigation Rights — Public Hearing
held and closed, referred back to Finance & Property
Acceptance of Minutes of Previous Meeting:
1. Monday, 6 March 2017 - Regular Meeting
2. Tuesday, 7 March 2017 — Special Meeting
Vote to ADDrove: 9 -0
Communications from His Honor the Mayor:
#351
March 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Planning Department, has
received a Planning Assistance Toward Housing (PATH) Grant from the Massachusetts
Department of Housing and Community Development in the amount of $24,760. With your
approval, this grant will be used to create a proposed Chapter 40R Smart Growth Overlay
District for the City Council's consideration once completed.
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Massachusetts General Law Chapter 44 Section 53Arequires both council and mayoral approval
before any grant or gifts to the city can be expended for their prescribed purpose. I therefore
request the council approve this grant by taking action on this matter at your upcoming meeting
of the City Council on March 20th, 2017.
Please feel free to contact Aaron Clausen directly at 978 - 605 -2341 to discuss specific details
regarding the grant program and the planning process it supports.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#352
March 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly has received a Seaport Economic Council
Program Grant from the Massachusetts Executive Office of Housing and Economic
Development in the amount of $400,000. With your approval, this grant will fund the
replacement of the existing anchor system for the recreational docks located at Glover Wharf
with guided piles. The project will address important safety and equipment concerns for boaters
and staff, and will reduce long -term costs with maintaining the dock system. This project will
increase Glover Wharf's commercial and recreational viability, and advance the City's ongoing
efforts to protect the wharf and the waterfront.
Massachusetts General Law Chapter 44 Section 53Arequires both council and mayoral approval
before any grant or gifts to the city can be expended for their prescribed purpose. I therefore
request the council approve this grant by taking action on this matter at your upcoming meeting
of the City Council on March 20th, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#353
March 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
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I am pleased to inform you that the City of Beverly has received a Seaport Economic Council
Program Planning Grant from the Massachusetts Executive Office of Housing and Economic
Development in the amount of $80,000. With your approval, this grant will fund the creation of
a Municipal Harbor Plan. Planning efforts will define commercial and recreational activity for
Beverly's waterfront, with the goal of strengthening the local economy. The Municipal Harbor
Plan will catalogue existing and potential uses of the waterfront, consider actions to enhance
waterside activities, identify solutions for transportation issues, examine how to link the
waterfront to Beverly's downtown, and recommend policies to strengthen the existing character
and beauty of the area.
Massachusetts General Law Chapter 44 Section 53Arequires both council and mayoral approval
before any grant or gifts to the city can be expended for their prescribed purpose. I therefore
request the council approve this grant by taking action on this matter at your upcoming meeting
of the City Council on March 20th, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#354
March 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. John J. Ruehrwein to serve as
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Ruehrwein's application, which has been approved by Police Chief John
LeLacheur.
Mr. Ruehrwein's term will be effective from April 30, 2017 until April 30, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
262
#355
March 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. William Finch, 50 Front Street,
Beverly and Mr. James Younger, 32 Butman Street, Beverly to serve on the Beverly Historic District
Commission.
Their terms to be effective from April 1, 2017 to April 1, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
Communications from other City Officers & Boards:
Council President entertained a Motion to accept a Late File from the Council
President — Approved — Vote: 9 -0
LATE FILE - #361
Communication — Council President — Appointment — Parking & Traffic Commission —
John Lozada, 212 Brimbal Avenue
Referred to Legal Affairs
Communications, Applications & Petitions:
Council President entertained a Motion to accept 4 Late Files under this heading —
Approved — Vote: 9 -0
#356
Communication — MA -DEP Waterways License Application EW16 -4895 — Stephen
Longmuir, 3 Crescent CT
Received and Placed on File — Vote: 9 -0
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#357
Communication — MA State Lottery Commission — KENO License — Franco - American
Club, 44 Park Street
Received and Placed on File — Vote: 9 -0
#358
Waiver of Alcohol Ordinance — BPL — 12 April 2017 — Martin Lian — 24 Grover ST
Referred to Legal Affairs
#359
Communication —ADA North Shore Tour de Cure — Sunday, 21 May 2017
Received and Placed on File — Vote: 9 -0.
#360
Communication — Neurofibromatosis Northeast Coast to the Cure — Sunday, 9
September 2017
Received and Placed on File — Vote: 9 -0.
LATE FILE - #362
Communication — MA -DEP — Waterways License #14344 — Paul Earl, 6 Quincy Park
Received and Placed on File — Vote: 9 -0.
LATE FILE - #363
Communication — MA -DEP — Waterways License #14343, Patricia Brandes, 11 Quincy
Park
Received and Placed on File — Vote: 9 -0.
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LATE FILE - #364
Communication — MA -DEP — Waterways License #14232, Beverly Port Marina, Inc., 43
Water ST
Received and Placed on File — Vote: 9 -0.
LATE FILE - #365
Communication — MA -DEP — Waterways License Application #W17 -4909, Elizabeth
Jones, 17 Riverview ST
Received and Placed on File — Vote: 9 -0.
Council President entertained a Motion to accept a Late File from Atty. Roy
Gelineau —Approved —Vote: 9 -0
LATE FILE - #366
Communication — Gelineau & Kline — 127 Bridge ST Encroachment / Request of
Permanent Easement or Irrevocable License
Referred to Legal Affairs
Motions and Orders (2 Reading):
#346
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic / Safety
Sergeant concerning a Handicapped Sign at 15 Parsons Drive, have considered said matter and beg leave to
report as follows:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and seventeen
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Parsons Drive At approximately 15 Parsons Drive
First Reading: Monday, 6 March 2017
Second Reading: Monday, 20 March 2017
Advertise and hold for Final Passage
Final Passage: Monday, 3 April 2017
Order read once and adopted — Vote: 9 -0
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Motions and Orders (Final Passage):
#211A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning &
Development Director re: Proposed Amendment to the City's zoning Ordinance #300 -38 Special Residential
District ( "RSD "), have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: In the year two thousand seventeen
Be it ordained by the City Council of the City of Beverly as follows:
proposed Order No. 211 of 2016 be amended by substituting the zoning amendment proposed therein in
its entirety with the following proposed zoning amendment:
Chapter 300- Zoning, Article VII: District Regulations is amended
as follows:
1. Amend Section 300 -38.13, Uses by right, by removing the following:
(3) Multifamily dwelling or apartment house, subject to the requirements of Subsection H
below.
And;
Amend Section 300 -38.C, Uses by special permit, by inserting the following:
(11) Multifamily dwelling or apartment house, subject to the requirements of Subsection H below.
2. Amend Section 300 -38.D (1) by increasing the minimum lot area per dwelling unit from 3,600 square
feet to 15,000 square feet.
Section 300 -8.D (1), Building and area requirements will be amended to read as follows
The lot on which the building or group of buildings is constructed shall have a minimum area of
15,000 square feet for each dwelling unit in the development. Maximum coverage by buildings (not
including the landscaped exterior of underground garage space) shall not exceed 15% of the gross
area of the lot or tract. Said lot or tract may have roads or ways constructed thereon, and the
approval of said roads or ways by the Beverly Planning Board under the Subdivision Control Law
(MGL Chapter 41) shall not be deemed to divide said lot or tract into two or more lots or tracts.
Be it further ordained by the City Council of the City of Beverly that Chapter 300 be amended as
proposed in this amended order.
First Reading: 23 January 2017
Second Reading: 6 March 2017
Published in the Salem News on Friday, 10 March 2017
Final Passage: 20 March 2017
Order read once and adopted — Vote: 9 -0.
#328
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Parking &
Traffic Commission Ordinance Amendment, have considered said matter and beg leave to report as follows:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: In the year two thousand and seventeen
Be it ordained by the City Council of the City of Beverly as follows:
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By amending Article 11, Section 15 -42 entitled Parking and Traffic Commission of the revised
Ordinances of the City of Beverly by deleting Paragraph A and adding the following new
Paragraph A:
"Composition. The Parking and Traffic Commission shall consist of nine members to be
appointed as follows: the Chief of Police or his or her designee, the Chief of the Fire Department
or his or her designee, the Planning Director or his or her designee, the Commissioner of Public
Services and Engineering or his or her designee, a representative from the Beverly Chamber of
Commerce, two residents appointed by the Mayor and two residents appointed by the City
Council. The Mayoral and Council appointees shall include, if possible, a traffic engineer,
transportation engineer /planner, or parking and traffic consultant. The terms of all members shall
be for three years, so arranged that the representatives of the Police and Fire Departments shall
expire in one year, the representatives of the Planning Department and the Beverly Chamber of
Commerce shall expire in another year, and the representative of the Mayor's office and the
citizens appointed by the City Council shall expire in a third year. Vacancies shall be filled by the
appropriate entity for the balance of the then - unexpired term."
First Reading: Tuesday, 21 February 2017
Second Reading: Monday, 6 March 2017
Published in the Salem News on Friday, 10 March 2017
Final Passage: Monday, 20 March 2017
Order read once and adopted — Vote: 8 -0.
Reports of Committees:
#315
The Committee on Finance & Property, to whom was referred the matter of Presentation — Beverly Waste
Reduction Committee, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 9 -0.
Council President added that there would be no Ad -Hoc Committee formed (as was originally proposed),
but that there was agreement with the Mayor's Chief of Staff, Kevin Harutunian, that two Councilors
would be involved in conversation about the Mayor's proposal (Councilor Lang and Council Vice
President Houseman) along with two Members of the Beverly Waste Reduction Committee before the
Mayor's recommendation came before the Council.
#335
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Airport
Avigation Rights, have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Request
Order read once and adopted — Vote: 8 -1, Councilor Lang Opposed.
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#336
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor —
Appointments — Trustees for the Affordable Housing Trust — Michael P. Cahill, Mayor, 191 Cabot Street;
Bryant Ayles, Municipal Finance Director, 191 Cabot Street; Aaron Clausen, Planning Director, 191 Cabot
Street; Susan Gabriel, 26 Dartmouth Street; and Richard Dinkin, 93 Bridge Street, have considered said
matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Appointments
Order read once and adopted — Vote: 9 -0.
#351
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA-
DHCD -PATH Grant $24,760 — Ch.40R Smart Growth Overlay District, have considered said matter and beg
leave to report as follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
#352
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA-
EOH&ED Seaport Economic Council Program Grant $400K — Glover Wharf, have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
#353
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA-
EOH&ED Seaport Economic Council Program Planning Grant $80K — Municipal Harbor Plan, have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
#214A
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Latter —
Appointment — OSRC W3 Representative — Barbara Koenig (correction), have considered said matter and
beg leave to report as follows, to wit:
Recommend the Council Approve the Appointment correction
Order read once and adopted — Vote: 9 -0.
#334
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Amendment
to an Ordinance Entitled Chapter #136 — "Child Safety Zones ", have considered said matter and beg leave to
report as follows:
.:
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: In the year two thousand and seventeen
Be it ordained by the City Council of the City of Beverly as follows:
An Amendment to an ordinance entitled Chapter 136 — Child Safety Zones
Be it ordained by the City Council of the City of Beverly as follows:
By amending an ordinance entitled Chapter 136 — Child Safety Zones in the Code of Ordinances of the
City of Beverly by deleting the current text in its entirety and replacing it with the following:
Chapter 136. Child Safety Zones
136 -1. Definitions.
For the purpose of this chapter, the following terms, phrases, words and derivations shall have
the meanings given herein. When not inconsistent with the context, words in the plural number
include the singular and words in the singular number include the plural. The word "shall" is
always mandatory and not merely directory.
CHILD SAFETY ZONE
A park, playground, recreation center, library, school, day -care center, private youth
center, video arcade, bathing beach, swimming pool or wading pool, gymnasium, sports
field, or sports facility, including the parking area and land adjacent to any of the
aforementioned facilities, camp bus stops when children under the age of 18 are present,
and school bus stops during scheduled school transportation hours on school days, which
is:
a
Under the jurisdiction of any department, agency, or authority of the City of Beverly,
including but not limited to the School Department of the City of Beverly; or
Leased or licensed by the City of Beverly to another person for the purpose of
operating a park, playground, recreation center, bathing beach, swimming pool or
wading pool, gymnasium, sports field, or sports facility.
CHILD SEX OFFENDER
1. Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to
178P, inclusive, and given a Level 2 or Level 3 designation by the Sex Offender
Registry Board and whose victim was (or was believed by the offender to be )_a child
under the age of 466 - 18. For the purposes Chapter 136, the term victim includes a child
under the age of 18 who image or likeness is used in any crime listed in paragraph 2 of
the definition of Child Sex Offender.
2. A erp son 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 14 under MGL c. 265, § 13B; rape of a child under 16 with force under MGL
c. 265, § 22A; rape and abuse of a child under MGL c. 265, § 23; assault of a child with
intent to commit rape under MGL c. 265, § 24B; kidnapping of a child under the age of
16 under MGL c. 265, § 26; enticing a child under the age of 16 for the purposes of
committing a crime under MGL c. 265, § 26C; indecent assault and battery on a mentally
retarded person under MGL c. 265, § 13F; assault with intent to commit rape under MGL
c. 265, § 24; inducing a minor into prostitution under MGL c. 272, § 4A; living off or
sharing earnings of a minor prostitute under MGL c. 272, § 4B; disseminating to a minor
matter harmful to a minor under MGL c. 272, § 28; posing or exhibiting a child in a state
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of nudity under MGL c. 272, § 29A; dissemination of visual material of a child in a state
of nudity or sexual conduct under MGL c. 272, § 2913; unnatural and lascivious acts with
a child under 16 under MGL c. 272, § 35A; drugging persons for sexual intercourse under
MGL c. 272, § 3; aggravated rape under MGL c. 277, § 39; knowing purchase or
possession of visual material of child depicted in sexual conduct under MGL c. 272,
§_ 29C; indecent assault and battery on a child under the age of 14 during
commission of certain offenses or by mandated reporters under MGL c. 265, § 13B
V2; indecent assault and battery on a child under the age of 14 by certain previously
convicted offenders under MGL c. 265, § 13B %; indecent assault and battery on
person fourteen or older (where the victim was between fourteen and eighteen years
of age) under MGL c. 265, § 1311; rape of a child during commission of certain
offenses or by use of force under MGL c. 265, § 2211; rape of a child through use of
force by certain previously convicted offenders under MGL c. 265, § 22C; rape and
abuse of child aggravated by age difference between defendant and victim or by
when committed by mandated reporters under MGL c. 265, § 23A; rape and abuse
of child by certain previously convicted offenders under MGL c. 265, § 2311;
enticement of child under age 18 to engage in prostitution, human trafficking or
commercial sexual activity under MGL c. 265, § 26D; trafficking of persons for
sexual servitude; trafficking of persons under 18 years for sexual servitude under
MGL c. 265, § 50; —and any attempt to commit a violation of any of the
aforementioned sections pursuant to MGL 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 16.
3. _A person who has been adjudicated a sexually dangerous person under MGL c.
123A, § 14, as in force at the time of adjudication, or a person released from civil
commitment pursuant to MGL c. 123A, § 9, and whose victim was (or was believed
by the offender to be a child under the age of 168.
4. A person who resides in the Commonwealth of Massachusetts, has a secondary
address, works at or attends an 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 above in paragraph 2 of the definition of Child
Sex Offender. Subsecti<)-n 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 and whose victim was (or was believed by the offender to bet -a
child under the age of 186.
§ 136 -2. Prohibitions and exceptions.
A.
Prohibition. It shall be unlawful for a child sex offender to be present in any child safety zone.
B.
Exceptions. The provisions of this chapter shall not apply to:
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 in Massachusetts or lowest offender category in another jurisdiction.
Facilities in a child safety zone that also support a church, synagogue, mosque, temple or other
house of religious worship, subject to all of the following conditions:
(a)_
The child sex offender's entrance and presence upon the property occurs only during hours of
worship or other religious program /service as posted to the public; and
N_
The child sex offender shall not participate in any religious education programs that include
individuals under the age of 18.
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Property that also supports a use lawfully attended by a child sex offender's natural or adopted
child(ren), which child's use reasonably requires the attendance of the child sex offender as the
child's parent upon the property, subject to the following condition:
(a)_
The child sex offender's entrance and presence upon the property occurs only during hours of
activity related to the use as posted to the public.
Property that also supports a polling location in a local, state or federal election, subject to all of
the following conditions:
(a)_
The child sex offender is eligible to vote;
(b)_
The property is the designated polling place for the child sex offender; and
(0_
The child sex offender enters the polling place property, proceeds to cast a ballot with whatever
usual and customary assistance is available to any member of the electorate, and vacates the
property immediately after voting.
Property that also supports a school lawfully attended by a child sex offender as a student, under
which circumstances the child sex offender may enter upon the property supporting the school at
which the child sex offender is enrolled, for such purposes and at such times as are reasonably
required for the educational purposes of the school.
Property that also supports a court, government office or room for public governmental meetings,
subject to all of the following conditions:
(a)_
The child sex offender is on the property only to transact business at the government office or
place of business, excluding a library, or attend an official meeting of a governmental body; and
(b)_
The child sex offender leaves the property immediately upon completion of the business or
meeting.
& 136 -3. Notice.
The Chief of Police or his designee shall make reasonable efforts to provide prompt, actual
written notice of the enactment of this chapter (which notice shall contain a copy of this chapter)
to all persons who are listed on the sex offender registry as of the effective date of this chapter
and who were given a Level 2 or Level 3 designation, as well as those persons who are added to
the sex offender registry at such levels thereafter, which persons' addresses (as shown on the sex
offender registry) are within the City of Beverly. 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 chapter.
� 136 -4. Enforcement procedures
A.
Upon reasonable belief of a police officer that a child sex offender is present in a child safety
zone in violation of this chapter, the officer shall obtain from the suspected child sex offender
his /her name, address, and telephone number. Should the police officer thereafter establish that
the individual is a child sex offender as defined in this chapter, then the officer shall issue a
written citation that such individual is in violation of this chapter and also require that the
individual leave the child safety zone. An individual who refuses to leave or is later found to be
in the same child safety zone shall be subject to the penalties set forth in § 136 -5 .
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A map depicting and a written list describing the child safety zones shall be created by the
Planning and Engineering Departments of the City and maintained by the Police Department,
which map shall be reviewed annually for changes. Said map and list, as well as a copy of this
chapter, shall be available to the public at the offices of the Beverly Police Department and
Beverly City Clerk and at all public buildings and will also be posted on the City of Beverly's
official website. In the event that the list, map or the words of this chapter shall conflict, then the
words of this chapter shall control.
§ 136 -5. Violations and penalties.
[Amended 1 -20 -2011 by Ord. No. 226]
A.
Any violation of this chapter may be subject to criminal penalties and prosecuted in a court of
competent jurisdiction and shall result in a criminal fine of up to $150 for a first violation.
Refusal to leave a child safety zone or being later found in the same child safety zone shall result
in a criminal fine of up to $300. A second or any subsequent violation of this chapter shall be
subject to a criminal fine of up to $300. A child sex offender commits a separate offense for each
and every violation of this chapter. Except for persons who are not yet 47 18 years of age when
they commit any such offense, violation of this chapter may further constitute a violation of
MGL 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 address a violation of this chapter, 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.
B.
As an alternative, any violation shall result in a noncriminal fine of $150 for a first violation.
Refusal to leave a child safety zone or being later found in the same child safety zone shall result
in a noncriminal fine of $300. A second or subsequent violation of this chapter shall be subject to
a noncriminal fine of $300. A child sex offender commits a separate offense for each and every
violation of this chapter. Except for persons who are not yet 47 18 years of age when they
commit any such offense, any violation of this chapter may further constitute a violation of MGL
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 chapter, 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.
C.
Injunction. If a child sex offender is present upon or within a safety zone in violation of this
chapter, the City Solicitor may bring an action in the name of the City to enjoin future violations
of this chapter by such violator.
First Reading: Monday, 6 March 2017
Second Reading: Monday, 20 March 2017
Pending Publication and Final Passage
Final Passage: Monday, 3 April 2017
Order read once and adopted — Vote: 9 -0
#338
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointment — Board of Registrars of Voters — Frances A. Macdonald, CMC, have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council Approve the Reappointment
Order read once and adopted — Vote: 9 -0
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#340
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment
— Planning Board — Zane Craft, 5 Stone Street, have considered said matter and beg leave to report as
follows:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 9 -0
#344
The Committee on Legal Affairs, to whom was referred the matter of Communication — Council President —
Reappointment — Parking & Traffic Commission — Richard Benevento have considered said matter and beg
leave to report as follows:
Recommend the Council Approve the Reappointment
Order read once and adopted — Vote: 9 -0
#358
The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Ordinance —
Alcohol in Public Buildings — Artist's Reception — BPL — 12 April 2017 — Martin Lian, have considered said
matter and beg leave to report as follows:
Recommend the Council approve the Request
Order read once and adopted — Vote: 9 -0
#337
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointment — Beverly Waste Reduction Committee —Arthur Athanas, 77 Hale Street, have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 9 -0
#339
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointment — Beverly Waste Reduction Committee — Joyce Herman, 36 Hull Street, have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 9 -0
Unfinished Business: None
Meeting Adjourned: 8:34 PM Attest: D. Wesley Slate, Jr.
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274 City Clerk
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