[Ord. 509, 10/26/2005, § 1]
As used in this part, the following terms shall have the meanings
indicated:
A licensed day-care center, licensed child-care facility
or any other child-care services facility exempt from licensing pursuant
to the laws of the Commonwealth of Pennsylvania.
A building and related facilities used for educational, social,
cultural or recreational activities.
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, and may include
steep slopes, floodplains and other significant features to be preserved.
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 School District of Lower
Southampton Township, the County of Bucks or the Commonwealth of Pennsylvania.
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.
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 individual convicted of any
attempt to commit the offenses as enumerated herein.
The Township of Lower Southampton, including its residents
and all land within its territorial boundaries.
[Ord. 509, 10/26/2005, § 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 2,500
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 2,500 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 part.
[Ord. 509, 10/26/2005, § 3]
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
2,500 feet of the sex offender's residence or lodging was established
subsequent to the establishment of the sex offender's residence
or lodging.
[Ord. 509, 10/26/2005, § 4; as amended by Ord.
532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and attorney's fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 509, 10/26/2005, § 5]
All agencies and authorities within the Township, including,
but not limited to, the Township's Police Department, have full
authority to enforce this part and impose such fines and other penalties
as necessary and appropriate.
