[HISTORY: Adopted by the Borough Council
of the Borough of Upland as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sexually oriented businesses — See Ch. 152.
[Adopted 1-10-2006 by Ord. No. 2-2006]
As used in this article, the following terms
shall have the meanings indicated:
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 area of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for residents of the Borough of Upland, which said open
space is regulated, maintained and/or owned by the Borough of Upland.
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 the Borough or any other governmental agency, including, but not
limited to, the Chester-Upland School District, the County of Delaware
or the Commonwealth of Pennsylvania.
Any public or private school that provides education services
to a minor.
Any person over 18 years of age who has been convicted of
any crime against a minor identified in § 9795.1[1] which includes, but is not limited to, kidnapping, luring
a child into a motor vehicle, institutional sexual assault, indecent
assault, incest, prostitution, receiving sexual favors, sexual abuse
of children, unlawful contacts with minors, sexual exploitation of
children, rape, involuntary deviate sexual intercourse, sexual assault
and 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.
[1]
Editor's Note: See 42 Pa.C.S.A. § 9795.1.
A.
It shall be unlawful for any sex offender to establish
a permanent or temporary residence within 250 feet of any school,
child-care facility, common open space, community center, public park
or recreational facilities.
B.
For the purpose of determining the minimum distance
separation, the requirement shall be measured by a straight line from
the outer property line of the permanent residence or temporary residence
of the sex offender to the nearest outer property line of a 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 school, child-care facility,
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 250 feet of any school, child-care
facility, common open space, community center, public park or recreational
facilities within the Borough. It shall constitute a continuing violation
for each day beyond the 45 days the sex offender continues to reside
within 250 feet of a 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 Borough to another that is within 250 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 who
has established residence prior to January 10, 2006, and shall not
apply if the school, child-care facility, common open space, community
center, public park, or recreational facilities within 250 feet of
the sex offender's permanent residence were established subsequent
to the establishment of the sex offender's permanent residence.
Any person who violates the provisions of this
article 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 cost of prosecution
and reasonable attorney's fees.
The Upland Borough Police Department shall be
charged with the enforcement of this article.
The Borough Engineer is herein directed to have
prepared a map of the Borough depicting the areas where sex offenders
are restricted from residing on a permanent or temporary basis.
