[HISTORY: Adopted by the City Council of the City of Nanticoke 1-25-2006 by Ord. No.
14-2005. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The area of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for residents of Nanticoke City, which said open space
is regulated, maintained and/or owned by the City of Nanticoke.
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.
Any recreational facility, playground or park, owned or operated
by the City of Nanticoke or any other governmental agency, including,
but not limited to, the Greater Nanticoke Area School District, the
County of Luzerne or the Commonwealth of Pennsylvania.
Any public or private school which provides education services
to a minor.
Any person over the age of 18 years of age who has been convicted
of any crime against a minor identified in 42 Pa.C.S.A. § 9795.1,
which includes, but is not limited to, kidnapping, luring a child
into a motor vehicle, institutional sexual assault, indecent assault,
incest, prostitution, receiving sexual materials, sexual abuse of
children, unlawful contact with minors, sexual exploitation of children,
rape, involuntary deviate sexual intercourse, sexual assault, aggravated
indecent assault, and individuals convicted of any attempt to commit
any of the offenses enumerated therein.
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 to establish a permanent
or temporary residence within 2,500 feet of any school, child-care
facility, common open space, community center, public park or recreational
facilities.
B.
For the purpose 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
of the sex offender to the nearest outer property line of a school,
child-care facility, common open space, community center, public park
or recreational facilities.
Any sex offender who resides on a permanent or temporary basis
within 2,500 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 chapter, move from said location to a new
location, but said location may not be within 2,500 feet of any 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 City of
Nanticoke to another that is within 2,500 feet of any school, child-care
facility, common open space, community center, public park or recreational
facilities.
This chapter shall not apply to any person who established residence
prior to January 25, 2006, and it shall not apply if the school, child-care
facility, common open space, community center, public park or recreational
facility within 2,500 feet of the sex offender's permanent residence
was established subsequent to the establishment of the sex offender's
permanent residence.
The provisions of this chapter shall not be applicable to persons
incarcerated in any facilities owned, maintained and/or operated by
the County of Luzerne.
Any person who violates the provisions of this chapter shall,
upon conviction before a Magisterial District Judge, be sentenced
to a term of imprisonment up to 90 days and shall be fined not more
than $1,000 for each violation plus the costs of prosecution and reasonable
attorneys' fees.
The Nanticoke City Police Department shall be charged with the
enforcement of this chapter .
The City administration is herein directed by Nanticoke City
Council to have prepared and placed on the Nanticoke City website
a map of the City of Nanticoke depicting the areas where sex offenders
are restricted from residing on a permanent or temporary basis.
