[Adopted 10-21-2008 by Ord. No. 724]
As used in this article, the following terms
shall have the meanings indicated:
BOROUGH
The Borough of Trafford, 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 in
the laws of the Commonwealth of Pennsylvania.
COMMON OPEN SPACE
The area of land or water available and accessible for use
by the public and residents of the Borough 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, or by community
associations, and may include steep slopes, floodplains and other
significant features to be preserved.
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 land, or tract of land, or facility used for passive
or active recreation, including any playground, park, skate parks,
athletic fields or any other facility owned or operated by the Borough
or any other governmental agency, including the Penn Trafford School
District, the Counties of Allegheny and Westmoreland or the Commonwealth
of Pennsylvania.
SCHOOL
Any educational building or facility that provides educational
services to a minor child, as defined by the laws of the Commonwealth
of Pennsylvania, including any public or private facility.
SEX OFFENDER
Any person, over the age of 18 years, who has been convicted
of any sexual offense or crime as defined in 42 PaC.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 offenses as enumerated herein.
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 on a permanent
or temporary basis within 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 article, move from said location to a new
location, but said location may not be within 500 feet of any school,
child-care facility, common open space, community center, public park
or recreational facilities within the Borough. It shall constitute
a continuing violation for each day beyond the 45 days the sex offender
continues to reside within 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 Borough to another that is within
500 feet of any school, child-care facility, common open space, community
center, public park or recreational facilities.
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 500 feet of the sexual offender's residence or lodging was established subsequent to the establishment of this sex offender's residence or lodging. The provisions of this §
161-4 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 attorneys' fees.
All agencies and authorities within the Borough,
including, but not limited to, the Borough of Trafford Police Department,
have full authority to enforce this article, and impose such fines
and other penalties as necessary and appropriate.
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.