[HISTORY: Adopted by the Borough Council of the Borough of Larksville as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2007 by Ord. No. 5-2007]
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 exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
- COMMON OPEN SPACE
- The area of land and/or water restricted from further development for the purpose of protecting natural features or for providing recreational opportunities for residents of the Borough of Larksville, which said open space is regulated, maintained and/or owned by the Borough of Larksville.
- COMMUNITY CENTER
- A building and related facility 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 of Larksville or any other governmental agency, including, but not limited to, the Wyoming Valley West School District, the County of Luzerne or the Commonwealth of Pennsylvania.
- Any public or private which provides education services to a minor.
- SEX OFFENDER
- Any person over the age of 18 years of age who has been convicted 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 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.
Editor's Note: See 42 Pa.C.S.A. § 9791 et seq., commonly known as Megan's Law II.
It shall be unlawful for any sex offender to establish a permanent or temporary residence within 500 feet of any school, child-care facility, common open space, community center, public park or recreational facilities.
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 500 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 500 feet of any 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 Borough of Larksville to another that is within 500 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 established residence prior to the date of this article, and it shall not apply if the school, child-care facility, common open space, community center, public park or recreational facilities within 500 feet of the sex offender's permanent residence was established subsequent to the establishment of the sex offender's permanent residence. The provisions of this article shall not be applicable to persons incarcerated in any facility owned, maintained and/or operated by the County of Luzerne, the Commonwealth of Pennsylvania of the United States.
Any person who violates the provisions of this article 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.
The Larksville Borough Police Department shall be charged with the enforcement of this article.
The Borough Administration is herein directed by the Borough of Larksville Council to have prepared and placed at the Borough of Larksville building during regular business hours a map of the Borough of Larksville depicting the area where sex offenders are restricted from residing on a permanent or temporary basis.
The provisions of this article are severable. If any section, clauses, sentence, part or provisions hereof shall be determined to be illegal, invalid or unconstitutional by any Court of competent jurisdiction, such decision of the Court shall not impair or affect any remaining provisions of the article, it being the intention of the Borough Council that it would have adopted the article even if the offending language had not been included.
This article shall be effective December 18, 2007.