[HISTORY: Adopted by the Township Committee of the Township
of Cranford 3-14-2006 by Ord. No.
2006-7 (Ch. 180 of the 1992 Code). Amendments noted
where applicable.]
The Township Committee finds and declares that the health, safety
and welfare of children will be enhanced by prohibiting registered
sex offenders from residing or loitering within the Township of Cranford
within 2,500 feet of any school, park, playground, recreation area,
day-care facility or school bus stop located within the Township or
adjacent municipalities.
As used in this chapter, the following terms shall have the
meanings indicated:
Whether on foot or in a motor vehicle, a person who wanders
or remains idle in essentially one location, sits, lounges, loafs,
walks about aimlessly or repeatedly frequents the same location or
repeatedly circles in a motor vehicle.
The area within 2,500 feet from the real property upon which
any school, park, playground, recreation area, day-care facility or
school bus stop is located, whether within the Township or adjacent
municipalities.
A map approved and adopted pursuant to this chapter depicting
the prohibited area.
Any person over the age of 18 who is required to register
pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex Offender Registration
and Notification Statute ("Megan's Law").
Any area designated by the school district, by any receiving
district or by any county jointure commission as a school bus stop
where children regularly congregate for the purpose of boarding and
debarking from a school bus.
The Prohibited Area Map prepared by the Township Engineer and
adopted by the Township Committee by a resolution and as may be amended
from time to time by resolution, depicting the locations and areas
within the Township of property which comprise all schools, parks,
playgrounds, recreation areas, day-care facilities and school bus
stops, and all areas within 2,500 feet from such properties, shall
be kept on file with the Township Clerk and shall serve as an official
finding and record of the prohibited area.
A registered sex offender shall not reside or loiter within
a prohibited area.
[Amended 10-10-2006 by Ord. No. 2006-37]
The following are exceptions to § 344-4:
A.
Any person who is required to serve a sentence at a jail, prison,
juvenile facility or other correctional institution or facility which
is located within a prohibited area.
B.
Any person who is both a record title owner and an occupant of a
residence within the prohibited area as of the date of the adoption
of this chapter, or a spouse or child of such record title owner and
occupant.
C.
Any person who established a residence in a prohibited area prior
to the adoption of this chapter.
This chapter shall be enforced by the Cranford Police Department.
The Chief of Police shall cause a copy of this chapter and the Prohibited
Area Map to be provided to each registered sex offender who has registered
under Megan's Law and who is residing within the Township.
It shall be no defense to prosecution for a violation of this
chapter that the actor was unaware that the prohibited conduct occurred
within a prohibited area, nor shall it be a defense to prosecution
under this chapter that no juveniles were present within any prohibited
area at the time of the offense. To the extent that a registered sex
offender has not registered under Megan's Law, it shall not be
a defense to prosecution under this chapter that the registered sex
offender was not provided with a copy of this chapter or the Prohibited
Area Map.
In a prosecution under this chapter, a true copy of the Prohibited
Area Map shall, upon proper authentication, be admissible and shall
constitute prima facie evidence of the location and boundaries of
the prohibited area. Nothing in this section shall be construed to
preclude the prosecution from introducing or relying upon any other
evidence or testimony to establish any element of this offense; nor
shall this section be construed to preclude the use or admissibility
of any map or diagram other than one which has been approved by the
Township Committee, provided that the map or diagram is otherwise
admissible pursuant to the applicable rules of evidence.
Any person violating any of the provisions of this chapter shall,
upon conviction of a first offense, be punished by a fine of not less
than $100 nor more than $1,250 and/or by imprisonment or community
service not exceeding 90 days.
Any person who is convicted of violating this chapter within one year of the date of a previous violation of this chapter shall be sentenced to an additional fine of $1,250, which fine shall be calculated separately from the fine set forth in § 344-9 imposed for violation of this chapter.
