[HISTORY: Adopted by the Borough Council of the Borough of Trafford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 60.
Sexually oriented businesses — See Ch. 61.
[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.
A. 
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 which requires registration in another jurisdiction, to reside, lodge, abide or live within 500 feet of any school, child-care facility, open space, community center, public park or recreational facility in the Borough.
B. 
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.
C. 
Such person who resides or lives within 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 article.
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.