[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-2007 by Ord. No. 10-2007]
As used in this article, the following terms shall have the meanings indicated:
- The Borough of Moosic, including its residents and all land within its territorial boundaries.
- CHILD-CARE FACILITY
- A licensed day-care center, licensed child-care facility or any other child-care services facility, exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
- COMMUNITY CENTER
- A building and related facilities used for educational, social, cultural or recreational activities.
- OPEN SPACE
- The area of land or water available and accessible for use by the public and residents of the Borough of Moosic which is restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for the residents of the Borough. Open space generally includes such land or area of land that is regulated, maintained or owned by the Borough and may include steep slopes, floodplains or other significant features to be preserved.
- PUBLIC PARK or RECREATIONAL FACILITY
- Any land, or tract of land, or facility used for passive or active recreation, including any playground, park, skate parks, athletic fields and any other facility owned or operated by the Borough or any other governmental agency, including Lackawanna County or the Commonwealth of Pennsylvania.
- Any educational building or facility that provides educational services to a minor child, as defined by the laws of the Commonwealth of Pennsylvania.
- SEX OFFENDER
- Any person, over the age of 18 years, who has been convicted of any sexual offense or crimes as defined in 42 Pa.C.S.A. § 9795.1, including, but not limited to, kidnapping where the victim is a minor, institutional sexual assault, indecent assault, incest, prostitution and related offenses, sexual abuse of a child, unlawful contact with a minor, sexual exploitation of a minor, rape, involuntary deviate sexual intercourse, sexual assault, and aggravated indecent assault. "Sex offender" shall also include any individuals convicted of any attempt to commit the offenses as enumerated herein.
It shall be unlawful for any sex offender or other person over the age of 18 years who has been convicted of a violation which requires registration pursuant to 42 Pa.C.S.A. § 9791, et seq. or who has been convicted of a violation in another jurisdiction, to reside, lodge, abide or live with 2,500 feet of any school, child-care facility, open space, community center, public park or recreational facility in the Borough.
For the purpose of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence or lodging of the sex offender to the nearest outer property line of the school, child-care facility, open space, community center, public park or recreational facility.
Such person who resides or lives within 2,500 feet of any school, child-care facility, open space, community center, public park or recreational facility in the Borough shall have 60 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within that time period shall constitute a violation of this section.
This article shall not apply to any person or sex offender who has established a residence prior to the date of adoption of this article and shall not apply if the school, child-care facility, open space, community center, public park or recreational facility within 2,500 feet of the sex offender's residence or lodging was established subsequent to the establishment of the sex offender's residence or lodging. The provisions of this § 250-3 shall not apply to any person or sex offender who has established a residence or lodging and then relocates to a different residence or lodging within the Borough after the adoption of this article.
Any violation of this article shall be punishable by imprisonment for a term not exceeding 90 days and a fine not exceeding $1,000 for each violation, in addition to the costs of prosecution and attorney's fees.
All agencies and authorities within the Borough, including but not limited to the Moosic Police Department, have full authority to enforce this article and impose such fines and other penalties as necessary and appropriate.