[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:
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.
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.
A building and related facility 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 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.
Any person over the age of 18 years of age who has been convicted
against a minor identified in Section 9795.1,[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 person's permanent address or place where
the person routinely lives, abides, lodges, or resides and which is
not the person's permanent residence.
[1]
Editor's Note: See 42 Pa.C.S.A. § 9791 et seq.,
commonly known as Megan's Law II.
A.
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.
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 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.
