[Ord. 2006-O-6, 4/19/2006, § 1]
A licensed day care center, child care facility, or any other
child care services 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 Newtown Township, which said open space
is regulated, maintained and/or owned by the Township of Newtown.
A building and related facility used for educational, social,
cultural, or recreational activities including, but not limited to,
swim clubs, tennis courts and playgrounds, whether public or private.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
Any recreational facility, playground or park, owned by the
Township of Newtown or any other governmental agency including, but
not limited to, the Council Rock School District, the County of Bucks
and the Commonwealth of Pennsylvania.
Any public or private school 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 § 9795.1
of the Crimes Code, 18 Pa.C.S.A. § 9795.1, 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 persons permanent address or place where the
person routinely lives, abides, lodges or resides and which is not
the person's permanent residence.
[Ord. 2006-O-6, 4/19/2006, § 2]
1.
It shall be unlawful for any sexual offender to establish a permanent
or temporary residence within 2,000 feet of any school, child care
facility, common open space, community center, public park or recreational
facilities.
2.
For the purpose of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
outer property line of the permanent residence or the temporary residence
of the sex offender to the nearest outer property line of a school,
child care facility, common open space, community center, public park
or recreational facilities.
[Ord. 2006-O-6, 4/19/2006, § 3]
Any sex offender who resides on a temporary or permanent basis
within 2,000 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 2,000 feet of any school, child
care facility, common open space, community center, public park or
recreational facility within Newtown Township. It shall constitute
a continuing violation for each day beyond the 45 days the sex offender
continues to reside within 2,000 feet of any school, child care facility,
common open space, community center, public park or recreational facility.
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
2,000 feet of any school, child care facility, common open space,
community center, public park or recreational facility.
[Ord. 2006-O-6, 4/19/2006, § 4]
This Part shall not apply to any person who has established
residence prior to the effective date as hereinafter defined and it
shall not apply if the school, child care facility, common open space,
community center, public park or recreational facility within 2,000
feet of the sex offender's permanent residence was established subsequent
to the establishment of the sex offender's permanent residence.
[Ord. 2006-O-6, 4/19/2006, § 5]
Any person who violates the provisions of this Part shall, upon
conviction before a 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 attorney's fees.
[Ord. 2006-O-6, 4/19/2006, § 6]
The Newtown Township Police Department shall be charged with
enforcement of this Part.
[Ord. 2006-O-6, 4/19/2006, § 7]
The Township Manager is herein directed within 14 days of the
effective date of this Part as hereinafter defined to have prepared
and placed on the Township's website a map of the Township depicting
the areas where sex offenders are restricted from residing on a permanent
or temporary basis.
