[Ord. 832, 4/2/2007, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
CHILD-CARE FACILITY
A licensed day-care center, licensed child-care facility
or any other child-care services facility exempt from licensing to
the laws of the Commonwealth of Pennsylvania.
COMMON OPEN SPACES
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.
COMMUNITY CENTER
A building and related facilities used for educational, social,
cultural or recreational activities.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
PUBLIC PARK or RECREATIONAL FACILITY
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 Elizabeth Forward
School District, the County of Allegheny or the Commonwealth of Pennsylvania.
SCHOOL
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.
SEX OFFENDER
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.
TEMPORARY RESIDENCE
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.
TOWNSHIP
The Township of Elizabeth, including its residents and all
land within its territorial boundaries.
[Ord. 832, 4/2/2007, § 2]
1. 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.
2. 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.
3. 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.
[Ord. 832, 4/2/2007, § 3]
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 Part, 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.
[Ord. 832, 4/2/2007, § 4]
This Part shall not apply to any person or sex offender who
has established a residence prior to the date of adoption of this
Part, 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 § 804 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 Part.
[Ord. 832, 4/2/2007, § 5]
Any violation of this Part 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.
[Ord. 832, 4/2/2007, § 6]
All agencies and authorities within the Township, including
but not limited to the Elizabeth Township Police Department, have
full authority to enforce this Part, and impose such fines and other
penalties as necessary and appropriate.
[Ord. 832, 4/2/2007, § 7]
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.