The City of Plainfield finds and declares that the health, safety,
and welfare of children will be enhanced by prohibiting registered
sex offenders from residing or loitering within the City of Plainfield
within two thousand five hundred (2,500) feet of the property line
of any school, park, playground, recreation area, day care facility
or school bus stop located within the City of Plainfield or adjacent
municipalities.
[MC 2006-24, § 1, September 20, 2006]
As used in this chapter, the following terms shall have the
meanings indicated:
Means whether on foot or in or on a motorized vehicle, a
person who wanders or remains idle in essentially one (1) location,
sits, lounges, loafs, walks and aimlessly, or repeatedly frequents
the same location, or repeatedly circles in a motor vehicle.
Means the area within two thousand five hundred (2,500) feet
of the property line of any real property in the City of Plainfield
upon which any school, park, playground, recreation area, day care
facility or school bus is located, whether within the City of Plainfield
or an adjacent municipality.
Means a map approved and adopted pursuant to this article
depicting the prohibited area.
Means any person over the age of eighteen (18) who is required
to register pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex
Offender Registration and Notification Statute commonly known as "Megan's
Law."
Means any area designated by the Plainfield School District,
by any receiving school district, or by any county jointure commission
as the school bus stop where children regularly congregate for the
purpose of boarding and debarking from a school bus.
[MC 2006-24, § 1, September 20, 2006]
The prohibited area map prepared by the City Engineer of the
City of Plainfield and adopted by the City Council of the City of
Plainfield by a resolution and as may be amended from time to time
by resolution, depicting the locations and areas within the City of
Plainfield of properties which comprise all schools, parks, playgrounds,
recreation areas, day care facilities and school bus stops, and all
areas within two thousand five hundred (2,500) feet from the property
lines of such properties shall be kept on file with the City Clerk
and shall serve as an official finding and record of the prohibited
areas.
[MC 2006-24, § 1, September 20, 2006]
A registered sex offender shall not reside or loiter within a prohibited area except those as described in Section 10:13-5.
[MC 2006-24, § 1, September 20, 2006]
(a)
Any person classified as a Tier 1 Sex Offender pursuant to N.J.S.A.
2C:7-1, et seq. (Megan's Law).
(b)
Any person who is required to serve a sentence at a jail, prison,
juvenile facility or other correctional institution or facility which
is located within a prohibited area.
(c)
Any person who is both a record title owner and an occupant of a
residence within the prohibited area as of the date of the adoption
of this chapter.
[MC 2006-24, § 1, September 20, 2006]
This article shall be enforced by the Plainfield Police Department.
The Chief of Police shall cause a copy of this article and the prohibited
area map to be provided to each registered sex offender which has
registered under Megan's Law and who is residing within the City
of Plainfield.
[MC 2006-24, § 1, September 20, 2006]
It shall be no defense to prosecution for a violation of this
article that the actor was unaware that the prohibited conduct occurred
within a prohibited area, nor shall it be a defense to prosecution
under this article that no juveniles were present within any prohibited
area at the time of the offense. To the extent that a registered sex
offender has not registered under Megan's Law, it shall not be
a defense to prosecution under this article that the registered sex
offender was not provided with a copy of this article or the prohibited
area map.
[MC 2006-24, § 1, September 20, 2006]
In a prosecution under this article, a true copy of the prohibited
area map shall, upon proper authentication, be admissible and shall
constitute prima facie evidence of the location and boundaries of
the prohibited area. Nothing in this article shall be construed to
preclude the prosecution from introducing or relying upon any other
evidences or testimony to establish any element of this offense; nor
shall this article be construed to preclude the use or admissibility
of any map or diagram other than one which has been approved by the
Plainfield City Council provided that the map or diagram is otherwise
admissible pursuant to the applicable rules of evidence.
[MC 2006-24, § 1, September 20, 2006]
Any person violating any provision of this article shall, upon
conviction of a first offense, be punished by a fine of not less than
One Hundred Dollars ($100.00) nor more than One Thousand Two Hundred
Fifty Dollars ($1,250.00) and/or by imprisonment or community service
not exceeding ninety (90) days.
[1]
Editor's Note: No "Registered Sex Offender" who resides
within the City of Plainfield at the time of the enactment of this
article shall be subject to prosecution for a period of ninety (90)
days immediately following the effective date of this article.
[MC 2006-24, § 1, September 20, 2006]
Any person who is convicted of violating this article within
one (1) year of the date of a previous violation of this article shall
be sentenced to an additional fine of One Thousand Five Hundred Dollars
($1,500.00) and additional community service not to exceed ninety
(90) days which fine and/or community service shall not be calculated
with regard to any previous fine imposed as may be authorized by this
chapter.
