This chapter shall be known and may be cited as the "Megan's
Law Registrant Residency Ordinance."
As used in this chapter, 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 exempt from licensing pursuant to the
laws of the Commonwealth of Pennsylvania.
COMMUNITY CENTER
A building and its related facilities used for educational,
social, cultural or recreational activities, which is operated by
a not-for-profit entity.
PUBLIC PARK or RECREATIONAL FACILITY
Any land, or tract of land, or facility used for passive
or active recreation, including any playground, park, skate park,
athletic field, swimming pool, and any other facility owned or operated
by the Borough or any other governmental agency or not-for-profit
organization, including Dauphin County or the Commonwealth of Pennsylvania.
RESIDENCE
A location where an individual resides or is domiciled or
intends to be domiciled for 30 consecutive days or more during a calendar
year.
SCHOOL
Any educational building or facility, whether public or private,
that provides educational services, including secondary schools, trade
or professional institutions or institutions of higher education.
SEX OFFENDER
Any individual required to register under 42 Pa.C.S.A. § 9795.1(a),
(b)(1) or (2).
This chapter shall not apply to any person or sex offender who
has:
A. Established a residence at a location that may be in violation of §
227-3 above prior to the date of adoption of this chapter; or
B. Established a residence not in violation of §
227-3 above but which becomes in violation of §
227-3 because a school, child-care facility, community center, park, recreational facility or library is established subsequent to the establishment of the sex offender's residence; or
C. Established a residence that is in violation of §
227-3 above prior to any obligation of the sex offender to register under Megan's Law II.
Any person who violates the provisions of this chapter shall,
upon conviction before a Magisterial District Justice, be sentenced
to a term of imprisonment of not more than 90 days and shall be fined
not more than $1,000 for each violation, plus the cost of prosecution
and reasonable attorneys' fees.
The Borough Manager shall prepare, and place at the Borough
Zoning Office, a map of the Borough of Middletown depicting the areas
where sex offenders are restricted from residing pursuant to the terms
of this chapter.