City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pittston 1-16-2008 by Ord. No. 2007-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CHILD-CARE FACILITY
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.
COMMON OPEN SPACE
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 the City of Pittston, which said open space is regulated, maintained and/or owned by the City of Pittston.
COMMUNITY CENTER
A building and related facility used for educational, social, cultural or recreational activities.
DESIGNATED SCHOOL BUS STOP
Any area designated by any school district within the City as a school bus stop where children regularly congregate for the purpose of boarding and debarking from a school bus.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges or resides for 14 or more consecutive days.
PUBLIC PARK OR RECREATIONAL FACILITY
Any recreational facility, playground or park, owned or operated by the City of Pittston or any other governmental agency, including but not limited to the Pittston Area School District, the County of Luzerne or the Commonwealth of Pennsylvania.
SCHOOL
Any public or private entity which provides education services to a minor.
SEX OFFENDER
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,[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.
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 address.
[1]
Editor's Note: Former 42 Pa.C.S.A. § 9795.1 expired December 20, 2012, pursuant to 42 Pa.C.S.A. § 9799.41.
A. 
It shall be unlawful for any sex offender to establish a permanent or temporary residence within 1,500 feet of any school, designated school bus stop, child-care facility, common open space, community center, public park or recreational facility.
B. 
For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, designated school bus stop, child-care facility, common open space, community center, public park or recreational facility.
Any sex offender who resides on a permanent or temporary basis within 1,500 feet of any school, designated school bus stop, 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 1,500 feet of any school, designated school bus stop, child-care facility, common open space, community center, park or recreational facility. Furthermore, it shall be a violation each day that a sex offender shall move from one location of the City of Pittston to another within 1,500 feet of any school, designated school bus stop, child-care facility, common open space, community center, public park or recreational facility.
This chapter shall not apply to any person who established residence prior to the date of this chapter, and it shall not apply if the school, designated school bus stop, child-care facility, common open space, community center, public park or recreational facility within 1,500 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 facility owned, maintained and/or operated by the County of Luzerne, the Commonwealth of Pennsylvania or the United States. Also, the provisions of this chapter shall not apply on and during the day of a primary and/or general election day within the City.
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 appropriate Police Department shall be charged with the enforcement of this chapter.
The City Administrator is herein directed by the City of Pittston Council to have prepared and placed at the City of Pittston Building during regular business hours a map of the City of Pittston depicting the area where sex offenders are restricted from residing on a permanent or temporary basis.