[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield 9-19-2005 by Ord. No. 352.
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 Lower Makefield Township, which said open space
is regulated, maintained and/or owned by the Township of Lower Makefield.
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 Township or any other governmental agency, including but not limited to
the Pennsbury School District, the County of Bucks 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 Section 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
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.
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. § 9791 et seq., commonly
known as Megan's Law II.
A.
It shall be unlawful for any sex offender to establish
a permanent or temporary residence within 2,500 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
2,500 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
2,500 feet of any 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 2,500 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 Township to another that is within 2,500 feet of any 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 October 1, 2005, and it shall not apply if the school, child-care
facility, common open space, community center, public park or recreational
facilities within 2,500 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 Lower Makefield Township Police Department shall be charged with
the enforcement of this chapter.
The Township Manager is herein directed by October 14, 2005, to have
prepared and placed on the Township Web site a map of the Township depicting
the areas where sex offenders are restricted from residing on a permanent
or temporary basis.
It is the intent of the Board of Supervisors of Lower Makefield Township
that the provisions of this chapter shall become and be made a part of the
Code of the Township and the sections of this chapter may be renumbered or
relettered and the word "ordinance" may be changed to "section" or "article"
or such other appropriate word or phrase in order to accomplish the intention
of the Board.
