[Adopted 6-19-2007 by Ord. No. 2-2007]
As used in this article, the following terms shall have the meanings
indicated:
CHILD-CARE FACILITY
Any day-care center, child-care facility or any other child-care
service facility or home day-care facility for children, whether the facility
is licensed pursuant to the laws of the Commonwealth of Pennsylvania or exempt
from licensing or unlicensed.
COMMON OPEN SPACE
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 Township of Dallas, which said open space
is regulated, maintained and/or owned by the Township of Dallas.
COMMUNITY CENTER
Any building(s) and all related facilities used for educational,
social, cultural or recreational activities.
LIBRARY
Any public or private library which provides services to a minor
or minors.
PUBLIC PARK OR RECREATIONAL FACILITY
Any recreational facility, playground or park, owned or operated
by the Township of Dallas or any other governmental agency, including, but
not limited to, any school district, the County of Luzerne or the Commonwealth
of Pennsylvania.
RESIDENCE
A "permanent residence" is a place where a person lives, lodges,
resides, stays, dwells, or inhabits, or maintains his/her abode for 14 or
more consecutive or nonconsecutive days during any calendar year.
SCHOOL
Any public or private school which provides education services to
a minor or minors.
SEX OFFENDER
Any person over the age of 18 years of age who has been convicted
of any crime against a minor identified in Megan's Law II, 18 Pa.C.S.A.
§ 9791 et seq., 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 contact 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.
Any person who is found to have violated this article shall, upon conviction
before a Magisterial District Justice, 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, court costs and the reasonable administrative
costs and attorney's fees of the Township of Dallas. Each day that the
sex offender fails to move after the forty-five-days notice period shall constitute
a new violation and shall be subject to the assessment of a separate fine.
The Dallas Township Police Department shall be charged with the enforcement
of this article.
Dallas Township shall have prepared and retained at the Dallas Township
Office a map of Dallas Township depicting the areas where sex offenders are
restricted from residing.