[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-22-2007 by Ord. No. 994]
As used in this article, the following terms shall have the
meanings indicated:
- CHILD-CARE FACILITY
- A licensed day-care center, child-care facility or any other child-care service facility which may be 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 recreation opportunities for residents of Folcroft Borough, which said open space is owned, regulated and/or maintained by Folcroft Borough.
- 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 Folcroft Borough, or by any other governmental agency, including but not limited to Southeast Delco School District, the County of Delaware 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 Megan's Law 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.
- 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 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 sex offender to establish a permanent
residence or temporary residence within 1,500 feet of any child-care
facility, common open space, community center, public park or recreational
facility, or school.
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 the temporary residence
of the sex offender to the nearest outer property line of a child-care
facility, common open space, community center, public park or recreational
facility, or school.
Any sex offender who resides in a permanent residence or temporary
residence within 1,500 feet of any child-care facility, common open
space, community center, public park or recreation facility or school
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 1,500 feet of any child-care
facility, common open space, community center, public park or recreation
facility or school within the Borough. It shall constitute a continuing
violation for each day beyond the 45 days the sex offender continues
to reside within 1,500 feet of a child-care facility, common open
space, community center, public park or recreation facility or school.
Furthermore, it shall be a violation each day that sex offender shall
move from one location in Folcroft Borough to another that is within
1,500 feet of any child-care facility, common open space, community
center, public park or recreation facility or school.
This article shall not apply to any person who has established
permanent or temporary residence prior to May 22, 2007; and it shall
not apply if the child-care facility, common open space, community
center, public park or recreation facility or school within 1,500
feet of the sex offender's permanent residence or temporary residence
was established subsequent to the establishment of the sex offender's
permanent residence or temporary residence.
The provisions of this article shall not be applicable to persons
incarcerated in any facilities owned, maintained and/or operated by
Folcroft Borough, the County of Delaware or the Commonwealth of Pennsylvania.
Any person who violates the provisions of this article shall,
upon conviction, before a Magisterial District Judge, to 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 fees.
The Borough of Folcroft Police Department shall be charged with
the enforcement of this article.
The Borough Administration is herein directed by the Council
to have prepared and placed at the Borough Building during regular
business hours a map of Folcroft Borough depicting the areas where
sex offenders are restricted from residing in a permanent residence
or temporary residence.
