[HISTORY: Adopted by the Borough Council of the Borough of
Conway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Obscene materials and activities — See Ch. 84A.
[Adopted 2-18-2009 by Ord. No. 525, approved 2-18-2009]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Conway, 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 under
the laws of the Commonwealth of Pennsylvania.
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.
A building and related facilities used for educational, social,
cultural or recreational activities.
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
(Also defined as a group residential facility), A facility
that provides room, board and limited supervised health, social or
rehabilitative services to people because of age, infirmity, convalescence,
disability or related circumstances that require specialized accommodations
but who are not in need of hospitalization or incarceration.
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 local school district,
the County of Beaver 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 offenses as enumerated herein.
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 1,000
feet of any school, child-care facility, open space, community center,
personal care home, 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 1,000 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 chapter.
Any sex offender who resides on a permanent or temporary basis
within 1,000 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 1,000 feet of any school,
child-care facility, common open space, community center, personal
care home, 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 1,000 feet of
a school, child-care facility, common open space, community center,
park or recreational facility. 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 1,000 feet of any school, child-care facility,
common open space, community center, personal care home, 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, personal care home, public park or recreational facility within 1,000 feet of sexual offender's residence or lodging was established subsequent to the establishment of this sex offender's residence or lodging. The provisions of this § 99-4 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 Conway Borough Police Department, have full authority
to enforce this article, and impose such fines and other penalties
as necessary and appropriate.
