[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 229.
[Adopted 3-7-2006 by Ord. No. 389]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Trappe, including its residents and all land
within its territorial boundaries.
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.
A building and related facilities used for educational, social,
cultural or recreational activities.
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, and may include
steep slopes, floodplains and other significant features to be preserved.
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 Montgomery 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, including any public or private facility.
Any person, over the age of 18 years, who has been convicted
of any sexual offense or crime 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.
A.
It shall be unlawful for any sex offender or other
person over the age of 18 years who has been convicted of an offense
which requires registration pursuant to 42 Pa.C.S.A. § 9791
et seq., or who has been convicted of an offense which requires registration
in another jurisdiction, to reside, lodge, abide or live at a location
in the Borough which is within 2,500 feet of any school, child-care
facility, open space, community center, public park or recreational
facility.
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 at a location in
the Borough which is within 2,500 feet of any school, child-care facility,
open space, community center, public park or recreational facility
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.
A.
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.
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
have full authority to enforce this article and impose such fines
and other penalties as necessary and appropriate.
