Lynn board mulls fix to ordinance

LYNN – Convicted sex offenders living in Lynn may be allowed to remain in their homes despite a new ordinance that prohibits them from residing near schools, parks and playgrounds.The change is among several recommendations by the city solicitor’s office that are scheduled for discussion later today by the City Council’s Ordinance Committee.A snafu arose after the sex offender ordinance, enacted more than a year ago, proved difficult to implement. When the current addresses of convicted Level 3 sex offenders were plotted on a city map and the locations of parks, playgrounds, schools and daycare facilities were overlaid, there is almost no place that would not be in violation of the law.So the committee is expected to discuss an amended ordinance.Attorney James Lamanna from the Law Department plans to attend the Ordinance Committee meeting to answer questions about the proposed changes.”The day-care component has been struck,” Lamanna said Monday. “But the ordinance still applies to parks, playgrounds and schools.”Another proposed amendment involves the distance allowed between a convicted sex offender’s home and the nearest school, park or playground. The original ordinance set the distance at 2,000 feet. The amendment reduces it to 1,000 feet.”At 1,000 feet, the distance would be consistent with the drug laws,” said Lamanna, referring to state laws that impose more severe penalties on those caught peddling drugs within 1,000 feet of a school zone.The proposed amendments include a provision that grandfathers sex offenders currently living in the city so that they are not in violation.”It says, basically, that they can stay where they are, but if they decide to move, then they must comply. And any (convicted sex offender) moving into the city will have to comply,” Lamanna said.The task of notifying all Level 3 sex offenders living in Lynn was part of the snafu.Debate erupted about who would bear the responsibility – the police, the city clerk or some other office?The latest amendments also add Level 2 sex offenders to the list of those prohibited from residing within the prescribed distance.”The state has determined that Level 2 offenders are considered more likely to re-offend,” said Lamanna, noting that Level 3 sex offenders are the most likely to repeat their crimes.Under the proposed changes, convicted sex offenders already living in Lynn would be prohibited from loitering near parks, playgrounds, schools or other places where children typically congregate.”They can go to and from their homes if they are grandfathered, but if they are seen loitering near a school yard, they can be told by the police to move along,” Lamanna said.A similar ordinance regulating the residence of convicted sex offenders was enacted in Barnstable. It was challenged in the courts but the sex offender moved out of town before any ruling could be handed down.