[HISTORY: Adopted by the Board of Commissioners of the Township of
Marple 2-13-2006 by Ord. No. 2006-3. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A place designated by the Marple Newtown School District, the Township
of Marple or any other authority or body where school buses and other vehicles
transporting children pick up and discharge children attending the Marple
Newtown Schools and other public and private schools either within or outside
Marple Township.
A licensed day-care center, child-care facility or any other child-care
services facility exempt from licensing pursuant to the laws of the Commonwealth
of Pennsylvania.
The areas of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for residents of Marple Township, which said open space is regulated,
maintained and/or owned by Marple Township.
A building and related facilities used for educational, social, cultural
or recreational activities.
A place where a person lives, abides, lodges or resides for 14 or
more consecutive days.
Any recreational facility, playground or park owned or operated by
Marple Township or any other governmental agency, including, but not limited
to, the Marple Newtown School District, the County of Delaware or the Commonwealth
of Pennsylvania.
Any public or private school which provides education services to
a minor.
Any person over the age of 18 years of age who has been convicted
of any crime against a minor as set forth at 42 Pa.C.S.A. beginning at § 9791
which includes, but is not limited to, kidnapping, luring a child into a motor
vehicle, institutional sexual assault, indecent assault, incest, prostitution,
receiving sexual materials, sexual abuse of children, unlawful contacts with
minors, sexual exploitation of children, rape, involuntary deviate sexual
intercourse, sexual assault, aggravated indecent assault and individuals convicted
of any attempt to commit any of the offenses enumerated therein.
A place where a person lives, abides, lodges or resides for a period
of less than 14 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.
A.Â
It shall be unlawful for any sex offender to establish
a permanent or temporary residence within 250 feet of any bus stop, school,
child-care facility, common open space, community center, public park or recreational
facilities.
B.Â
For the purpose of determining the minimum distance separation,
the requirements shall be measured by following a straight line from the outer
property line of the permanent residence or temporary residence of the sex
offender to the nearest property line of a bus stop, school, child-care facility,
common open space, community center, public park or recreational facilities.
Any sex offender who resides on a permanent or temporary basis within
250 feet of any bus stop, school, child-care facility, common open space,
community center, public park or recreational facility shall, within 45 days
of receipt of written notice of the sex offender's noncompliance with this
chapter, move from said location to a new location, but said location may
not be within 250 feet of any bus stop, school, child-care facility, common
open space, community center, public park or recreational facilities within
the Township. It shall constitute a continuing violation for each day beyond
the 45 days the sex offender continues to reside within 250 feet of a bus
stop, school, child-care facility, common open space, community center, public
park or recreational facilities. Furthermore, it shall be a violation each
day that a sex offender shall move from one location in the Township to another
that is within 250 feet of any bus stop, school, child-care facility, common
open space, community center, public park or recreational facilities.
This chapter shall not apply to any person who has established residence
prior to the effective date of this chapter and shall not apply if the bus
stop, school, child-care facility, common open space, community center, public
park or recreational facilities within 250 feet of the sex offender's permanent
residence was established subsequent to the establishment of the sex offender's
permanent residence.
Any person who violates the provisions of this chapter shall, upon conviction
before a Magisterial District Judge, be sentenced to a term of imprisonment
up to 90 days and shall be fined not more than $1,000 for each violation,
plus the costs of prosecution and reasonable attorneys fees.
The Marple Township Police Department shall be charged with the enforcement
of this chapter.
The Township Engineer is herein directed to have prepared a map of the
Township depicting the areas where sex offenders are restricted from residing
on a permanent or temporary basis.
This chapter shall be effective February 13, 2006.
