[HISTORY: Adopted by the Board of Commissioners of the Township
of Tinicum as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-15-2006 by Ord. No. 797]
As used in this article, the following terms shall have the
meanings indicated:
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 Tinicum Township, which said open space
is regulated, maintained and/or owned by the Township of Tinicum.
A building and related facilities used for educational, social,
cultural, or recreational activities.
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 Township or any other governmental agency, including, but not
limited to, the Interboro School District, the County of Delaware
or the Commonwealth of Pennsylvania.
Any public or private school which provides education services
to a minor.
Any person, over 18 years of age, who has been convicted
of any crime against a minor identified in Section 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 contacts
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 these offenses
enumerated herein.
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 residence.
A.
It shall be unlawful for any offender to establish a permanent or
temporary residence within 250 feet of any school, child-care facility,
common open space, community center, public park or recreational facilities.
B.
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 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.
Any sex offender who resides on a permanent or temporary basis
within 250 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 article, move from said location to a new location, but
said location may not be within 250 feet of a school, child-care facility,
common open space, community center, public park or recreational facility
within the Township. It shall constitute a continuing violation for
each day beyond the 45 days the sex offender continues to reside within
250 feet of a school, child-care facility, common open space, community
center, park or recreational facilities. 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 250 feet of any school,
child-care facility, common open space, community center, public park
or recreational facilities.
This article shall not apply to any person who has established
residence prior to the date of adoption of this article and it shall
not apply if the child-care facility, common open space, community
center, public park or recreational facilities within 250 feet of
the sex offender's permanent residence was established subsequent
to the establishment of the sex offender's permanent residence.
Any person who violates the provisions of this article 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 attorney's fees.
The Township of Tinicum Police Department shall be charged with
the enforcement of this article.
The Township Engineer is herein directed to have prepared a
map of the Township depicting the areas where sex offenders are restricted
from residing on a permanent or temporary basis.
Nothing in this article hereby adopted shall be construed to
affect any other suit or proceedings pending in any court or any rights
acquired or liability incurred, or any cause of causes of action acquired
or existing, nor shall any just legal right or remedy of any character
be lost, impaired or affected by this article.
