[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 2-13-2006 by Ord. No. 2006-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BUS STOP
A place designated by the Marple Newtown School District, the Township of Marple or any other authority or body where school buses and other vehicles transporting children pick up and discharge children attending the Marple Newtown Schools and other public and private schools either within or outside Marple Township.
CHILD-CARE FACILITY
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.
COMMON OPEN SPACE
The areas of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of Marple Township, which said open space is regulated, maintained and/or owned by Marple Township.
COMMUNITY CENTER
A building and related facilities used for educational, social, cultural or recreational activities.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges or resides for 14 or more consecutive days.
PUBLIC PARK OR RECREATIONAL FACILITY
Any recreational facility, playground or park owned or operated by Marple Township or any other governmental agency, including, but not limited to, the Marple Newtown School District, the County of Delaware or the Commonwealth of Pennsylvania.
SCHOOL
Any public or private school which provides education services to a minor.
SEX OFFENDER
Any person over the age of 18 years of age who has been convicted of any crime against a minor as set forth at 42 Pa.C.S.A. beginning at § 9791 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.
TEMPORARY RESIDENCE
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 250 feet of any bus stop, 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 requirements 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 property line of a bus stop, 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 bus stop, 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 250 feet of any bus stop, 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 250 feet of a bus stop, 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 Township to another that is within 250 feet of any bus stop, school, child-care facility, common open space, community center, public park or recreational facilities.
This chapter shall not apply to any person who has established residence prior to the effective date of this chapter and shall not apply if the bus stop, school, child-care facility, common open space, community center, public park or recreational facilities within 250 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 attorneys fees.
The Township Engineer is herein directed to have prepared a map of the Township depicting the areas where sex offenders are restricted from residing on a permanent or temporary basis.