[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:
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.
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.
A building and related facility used for educational, social,
cultural or recreational activities.
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.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
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.
Any public or private entity which provides education services
to a minor.
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.
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.
