[Ord. 274, 2/13/2006, § 1]
CHILD CARE FACILITY
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.
COMMON OPEN SPACE
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 Dublin Borough which said open space
is regulated, maintained all/or owned by the Borough of Dublin.
COMMUNITY CENTER
A building and related facilities used for educational, social,
cultural or recreational activities.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
PUBLIC PARK OR RECREATIONAL FACILITY
Any recreational facility, playground or park, owned or operated
by the Borough or any other governmental agency, including, but not
limited to, the Pennridge School District, the County of Bucks or
the Commonwealth of Pennsylvania.
SCHOOL
Any public or private school which provides education services
to a minor.
SEX OFFENDER
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 which includes, but is not limited to, kidnaping,
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.
TEMPORARY RESIDENCE
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. 274, 2/13/2006, § 2]
1. It shall be unlawful for any sex offender to establish a permanent
or temporary residence within 2,500 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 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. 274, 2/13/2006, § 3]
Any sex offender who resides on a permanent or temporary basis
within 2,500 feet of any school, child care facility, common open
space, community center, public park or recreational facilities shall
within 45 days of receipt of written notice of the sex offender's
non-compliance with this Part, move from said location to a new location,
but said location may not be within 2,500 feet of any school, child
care facility, common open space, community center, public park or
recreational facilities within the Borough. It shall constitute a
continuing violation for each day beyond the 45 days the sex offender
continues to reside within 2,500 feet of any school, child care facility,
common open space, community center, public park or recreational facilities.
Furthermore, it shall be a violation each day that a sex offender
shall move from one location in the Borough to another that is within
2,500 feet of any school, child care facility, common open space,
community center, public park or recreational facilities.
[Ord. 274, 2/13/2006, § 4]
This Part shall not apply to any person who has established
residence prior to February 13, 2006, and it shall not apply if the
school, child care facility, common open space, community center,
public park or recreational facilities within 2,500 feet of the sex
offender's permanent residence was established subsequent to
the establishing of the sex offender's permanent residence.
[Ord. 274, 2/13/2006, § 5]
The provisions of this Part shall not be applicable to persons
incarcerated in any facilities owned, maintained and/or operated by
the County of Bucks.
[Ord. 274, 2/13/2006, § 6]
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. 274, 2/13/2006, § 7]
The Dublin Borough Police Department shall be charged with the
enforcement of this Part.
[Ord. 274, 2/13/2006, § 8]
The Borough Manager is herein directed by March 1, 2006, to
have prepared and placed on the Borough website a map of the Borough
depicting the areas where sex offenders are restricted from residing
on a permanent or temporary basis.