[HISTORY: Adopted by the Borough Council of the Borough of
Manheim 3-29-2011 by Ord. No. 621. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Sex Offender
Residency Restriction Ordinance."
The Pennsylvania State Legislature adopted certain requirements
for the registration of adult sexual offenders, commonly known as
Megan's Law II, as set forth at 42 Pa.C.S.A. § 9791
et seq. Megan's Law II requires that persons convicted of various
offenses and persons adjudicated sexually violent predators must register
with the Pennsylvania State Police for periods not less than 10 years,
which registration procedure is set forth in the statute. In its legislative
findings, Megan's Law II recognizes that these sexually violent
predators pose a high risk of engaging in further offenses, even after
being released from incarceration or commitment, and that protection
of the public from this type of offender is a paramount governmental
interest. Borough Council wants to help insure the safety of its citizens
most susceptible to becoming crime victims by creating residency requirements
for certain types of criminal offenders. Borough Council believes
that it is in the best interest of the Borough, its residents and
the general public to adopt regulations regarding convicted sexual
offenders to protect the health, safety and welfare of the public,
including Borough residents and especially minors.
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.
A building and its related facilities used for educational,
social, cultural or recreational activities, which is operated by
a not-for-profit entity.
Any land, tract of land, or facility used for passive or
active recreation, including, but not limited to, 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 Lancaster County or the
Commonwealth of Pennsylvania.
A location where an individual resides or is domiciled or
intends to be domiciled for 30 consecutive days or more during a calendar
year.
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.
Any individual required to register under 42 Pa.C.S.A. § 9795.1(a),
(b)(l) or (2).
A.Â
It shall be unlawful for any sex offender or other person 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, community center, public park, recreational
facility or library in the Borough.
B.Â
For the purpose of determining this minimum distance separation,
the requirements shall be measured by following a straight line from
the outer property line of the residence of the sex offender to the
nearest outer property line of a school, child-care facility, community
center, public park, recreational facility or library.
This chapter shall not apply to any person or sex offender who
has:
Any person who violates the provisions of this chapter shall,
upon conviction before a Magisterial District Judge, 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 Manheim depicting the areas where sex
offenders are restricted from residing pursuant to the terms of this
chapter.
