[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-29-2007 by Ord. No. 312]
As used in this article, the following terms shall have the meanings
indicated:
A licensed day-care center, licensed child-care facility or any other
child-care services facility exempt from licensing pursuant to the laws of
the Commonwealth of Pennsylvania.
The area of land or water available and accessible for use by the
public and residents of the Township which is restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for the residents of the Township. "Open space" generally includes
such land or area of land that is regulated, maintained or owned by the Township
or by community associations, and may include steep slopes, floodplains and
other significant features to be preserved.
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 land, or tract of land, or facility used for passive or active
recreation, including any playground, park, skate parks, athletic fields or
any other facility owned or operated by the Township or any other governmental
agency, including the Garnet Valley School District, the County of Delaware
or the Commonwealth of Pennsylvania.
Any educational building or facility that provides educational services
to a minor child, as defined by the laws of the Commonwealth of Pennsylvania,
including any public or private facility.
Any person, over the age of 18 years, who has been convicted of any
sexual offense or crime as defined in 42 Pa. C.S.A. § 9795.1, including,
but not limited to, kidnapping where the victim is a minor, institutional
sexual assault, indecent assault, incest, prostitution and related offenses,
sexual abuse of a child, unlawful contact with a minor, sexual exploitation
of a minor, rape, involuntary deviate sexual intercourse, sexual assault,
and aggravated indecent assault. "Sex offender" shall also include any individuals
convicted of any attempt to commit offenses as enumerated herein.
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.
The Township of Concord, including its residents and all land within
its territorial boundaries.
A.Â
It shall be unlawful for any sex offender or other person
over the age of 18 years who has been convicted of a violation which requires
registration pursuant to 42 Pa. C.S.A. § 9791, et seq., or who has
been convicted of a violation which requires registration in another jurisdiction,
to reside, lodge, abide or live within 500 feet of any school, child-care
facility, open space, community center, public park or recreational facility
in the Township.
B.Â
For the purpose of determining the minimum distance separation,
the distance shall be measured by following a straight line from the outer
property line of the residence or lodging of the sex offender to the nearest
outer property line of the school, child-care facility, open space, community
center, public park or recreational facility.
C.Â
Such person who resides or lives within 500 feet of any
school, child-care facility, open space, community center, public park or
recreational facility in the Township shall have 60 days from the receipt
of written notice of the prohibition set forth herein to move. Failure to
move to a location which is in compliance with this section within that time
period shall constitute a violation of this chapter.
Any sex offender who resides on a permanent or temporary basis within
500 feet of any school, childcare 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 article, move from
said location to a new location, but said location may not be within 500 feet
of any 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 500 feet of a school, child-care facility, common open space,
community center, park or recreational facilities. Furthermore, it shall be
a violation for each day that a sex offender shall move from one location
in the Township to another that is within 500 feet of any school, child-care
facility, common open space, community center, public park or recreational
facilities.
This article shall not apply to any person or sex offender who has established a residence prior to the date of adoption of this article, and shall not apply if the school, childcare facility, open space, community center, public park or recreational facility within 500 feet of sexual offender's residence or lodging was established subsequent to the establishment of this sex offender's residence or lodging. The provisions of this § 138-4 shall not apply to any person or sex offender who has established a residence or lodging, and then relocates to a difference residence or lodging within the Township after the adoption of this article.
Any violation of this article shall be punishable by imprisonment for
a term not exceeding 90 days and a fine not exceeding $1,000 for each violation,
in addition to the costs of prosecution and attorney's fees.
All agencies and authorities within the Township, including, but not
limited to, the Pennsylvania State Police, have full authority to enforce
this article, and impose such fines and other penalties as necessary and appropriate.
It is the intent of the Board of Supervisors of Concord Township that
the provisions of this article shall become and be made a part of the Code
of the Township and the sections of this article may be renumbered or relettered
and the word "ordinance" may be changed to "section" or "article" or other
appropriate word or phrase in order to accomplish the intention of the Board.
