[Adopted 10-17-2005 by Ord. No. 2594]
A.
The Whitehall Board of Commissioners has reviewed
the findings of the Pennsylvania Legislature when it adopted Megan's
Law II as well as resource materials from the Criminal Justice Information
Services Division of the Federal Bureau of Investigation and the Center
for Sex Offender Management (www.csom.org.) as established in June
1997 as a collaborative effort of the Office of Justice Programs,
the National Institute of Corrections and the State Justice Institute
and administered by the Center for Effective Public Policy and the
American Probation and Parole Association, the goal of which is to
enhance public safety by preventing further victimization through
improving the management of adult and juvenile sex offenders who are
in the community. The Board of Commission finds that repeat sexual
offenders, sexual offenders who use physical violence, and sexual
offenders who prey on children are sexual predators who present an
extreme threat to the public safety. Sexual offenders are extremely
likely to use physical violence and to repeat their offenses, and
most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.
It is the intent of this article to serve the Township's
compelling interest to promote, protect and improve the health, safety
and welfare of the citizens of the Township by creating areas around
locations where children regularly congregate in concentrated numbers
wherein certain sexual offenders and sexual predators are prohibited
from establishing temporary or permanent residence.
A.
It is unlawful for any person who has been convicted
of a violation of § 9795.1 of Megan's Law II, 42 Pa.C.S.A.
§ 9795.1 (relating to registration), in which the victim
of the offense was less than 16 years of age, to establish a permanent
or temporary residence within 2,500 feet of any school, childcare
facility, park or playground.
B.
For purposes 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
to nearest outer property line of a school, childcare facility, park
or playground.
C.
Penalties. A person who violates this section shall
be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 60 days or period of community service not to exceed
90 days, or any combination of the same as determined at the discretion
of the Magistrate Judge; for a second or subsequent conviction of
a violation of this section, such person shall be punished by a fine
not to exceed $1,000 or imprisonment in the county jail not more than
12 months, or by both such fine and imprisonment.
D.
Exceptions. A person residing within 2,500 feet of
any school, childcare facility, park or playground does not commit
a violation of this section if any of the following apply:
(1)
The person established the permanent residence prior
to October 17, 2005.
(2)
The person was a minor when he/she committed the offense
and was not convicted as an adult.
(3)
The person is a minor.
(4)
The school, childcare facility, park or playground
within 2,500 feet of the person's permanent or temporary residence
was opened after the person established the residence.
The Board of Commissioners shall supply or cause
to be supplied to the Pennsylvania Board of Probation and Parole a
duly certified copy of this article to inform the state and county
prison and probation and parole personnel about the limitations on
residence set forth in this article.
