This chapter shall be known and may be cited as the "Sex Offender Residency Restriction Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Manheim 3-29-2011 by Ord. No. 621. Amendments noted where applicable.]
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.
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.
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.
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.