[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-2007 by Ord. No. 526]
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 Colwyn Borough, which said open space
is regulated, maintained and/or owned by the Borough of Colwyn.
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 William Penn 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 identified in 42 Pa.C.S.A. § 9795.1,
which includes, but is not limited to, kidnapping, luring a child
into a motor vehicle, institutional sexual assault, indecent assault,
incest, prostitution, receiving sexual 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.
It shall be unlawful for any sex offender to establish a permanent
or temporary residence within 1,000 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 following 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 1,000 feet of any 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 article, move from said location to a new
location, but said location may not be within 1,000 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 1,000 feet of a school, child-care facility,
common open space, community center, 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
1,000 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
residency prior to December 2006, and it shall not apply if the school,
child-care facility, common open space, community center, public park
or recreational facilities within 1,000 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 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 costs of prosecution and
reasonable attorney's fees.
The Borough of Colwyn 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.
This article shall be effective March 15, 2007.
