[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 5-22-2007
by Ord. No. 2046. Amendments noted where applicable.]
As used in this chapter, 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 Glenolden Borough, which said open space is
regulated, maintained and/or owned by the Borough of Glenolden
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 Interboro 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 § 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 materials, 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 1,000 feet of any school, child-care
facility, common open space, community center, public park or recreational
facility.
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 facility.
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 chapter,
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 facility 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 facility. 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
facility.
This chapter shall not apply to any person who has established residence
prior to March 2006, and it shall not apply if the school, child-care facility,
common open space, community center, public park or recreational facility
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 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 attorney's fees.
The Borough of Glenolden's Police Department shall be charged with
the enforcement of this chapter.
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.
