[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 4-11-2006 by Ord. No. 168. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The area of land or water available and accessible for use
by the public and residents of the Township which is restricted from
future development for the purpose of protecting natural features
or for providing recreational opportunities for the residents of the
Township. Open space generally includes such land or area of land
that is regulated, maintained or owned by the Township, 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.
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 Township
or any other governmental agency, including the Garnet Valley School
District, the County of Delaware 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.
The Township of Bethel, including its residents and all land
within its territorial boundaries.
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 500
feet of any school, child-care facility, open space, community center,
public park or recreational facility in the Township.
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 500 feet of any school, child-care
facility, open space, community center, public park or recreational
facility in the Township 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 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 500 feet of any school, child-care
facility, common open space, community center, public park or recreational
facilities within the Township. It shall constitute a continuing violation
for each day beyond the 45 days the sex offender continues to reside
within 500 feet of a 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 Township to another that is within 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 or sex offender who
has established a residence prior to the date of adoption of this
chapter, and shall not apply if the school, child-care facility, open
space, community center, public park or recreational facility within
500 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 section 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
Township after the adoption of this chapter.
Any violation of this chapter 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 Township, including
but not limited to the Bethel Township Police Department, have full
authority to enforce this chapter and impose such fines and other
penalties as necessary and appropriate.
The Township Engineer is herein directed to have prepared a
map of the Township depicting the areas where sex offenders are restricted
from residing on a permanent or temporary basis.
