[Adopted 5-14-2007 by Ord. No. 617: approved 5-14-2007]
As used in this article, the following terms
shall have the meanings indicated:
CHILD-CARE FACILITY
A licensed day-care center, child-care facility or any other
child-care service facility which may be exempt from licensing pursuant
to the laws of the Commonwealth of Pennsylvania.
COMMON OPEN SPACE
The area of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreation
opportunities for residents of Eddystone Borough, which said open
space is owned, regulated and/or maintained by Eddystone Borough.
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 Eddystone Borough or by any other governmental agency, including,
but not limited to, Ridley 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 identified in Megan's Law, 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.
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.
Any sex offender who resides in a permanent
residence or temporary residence within 1,500 feet of any child-care
facility, common open space, community center, public park or recreation
facility or school shall, within 45 days of receipt of written notice
of the sex offender's noncompliance with this article, move from said
location to a new location, but said location may not be within 1,500
feet of any child-care facility, common open space, community center,
public park or recreation facility or school within the Borough. It
shall constitute a continuing violation for each day beyond the 45
days the sex offender continues to reside within 1,500 feet of a child-care
facility, common open space, community center, public park or recreation
facility or school. Furthermore, it shall be a violation each day
that the sex offender shall move from one location in Eddystone Borough
to another that is within 1,500 feet of any child-care facility, common
open space, community center, public park or recreation facility or
school.
Any person who violates the provisions of this
article shall, upon conviction before a District Judge, to be sentenced
to a term of imprisonment of up to 90 days and shall be fined not
more than $1,000 for each violation, plus the costs of prosecution
and reasonable attorney fees.
The Borough of Eddystone Police Department shall
be charged with the enforcement of this article.
The Borough Administration is herein directed
by the Council to have prepared and placed at the Borough Building
during regular business hours a map of Eddystone Borough depicting
the areas where sex offenders are restricted from residing in a permanent
residence or temporary residence.