[HISTORY: Adopted by the City Council of the City of Shamokin 9-12-2006 by Ord. No. 06-07. Amendments noted where applicable.]
The foregoing recitals[1] are herein incorporated by reference as though more fully
set forth at length.
[1]
Editor's Note: Refers to the preamble of Ord. No. 06-07, a
copy of which is on file in the City offices.
As used in this chapter, the following terms shall have the
meanings indicated:
A licensed, pursuant to the laws of the Commonwealth of Pennsylvania,
day-care center or child-care facility.
Any park or playground owned or operated by the City of Shamokin
or any other governmental agency.
A place where a person lives, abides, lodges, or resides
for 14 or more consecutive days.
Any public, private or parochial educational institution
that offers instruction on any level from kindergarten through elementary
school.
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, residence
or place where the person routinely lives, abides, lodges, or resides.
A.
The Council of the City of Shamokin has reviewed the findings of
the Pennsylvania Legislature when it adopted Megan's Law II[1] as well as resource materials from the Criminal Justice
Information Services Division of the Federal Bureau of Investigation
and the Center for Sex Offender Management (www.csom.org), as established
in June 1997, as a collaborative effort of the Office of Justice Programs,
the National Institute of Corrections and the State Justice Institute
and administered by the Center for Effective Public Policy and the
American Probation and Parole Association, the goal of which is to
enhance public safety by preventing further victimization through
improving the management of adult and juvenile sex offenders who are
in the community. The Council of the City of Shamokin finds that repeat
sexual offenders, sexual offenders who use physical violence and sexual
offenders who prey on children are sexual predators who present an
extreme threat to the public safety. Sexual offenders are extremely
likely to use physical violence and to repeat their offenses, and
most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
[1]
Editor's Note: See 42 Pa.C.S.A. §§ 9799.32(1)
and 9799.67(1).
B.
It is the intent of this section to serve the City's compelling
interest to promote, protect and improve the health, safety and welfare
of the citizens of the City by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
A.
It is unlawful for any person who has been convicted of a violation
of Section 9795.1 of Megan's Law II, 42 Pa.C.S.A. § 9795.1
(relating to registration), in which the victim of the offense was
less than 16 years of age, to establish a permanent or temporary residence
within 1,500 feet of any school, child-care facility, park or playground.
B.
For purposes 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
to the nearest outer property line of a school, child-care facility,
park or playground.
C.
Penalties. A person who violates this section shall be punished by
a fine not exceeding $300 or by imprisonment for a term not exceeding
60 days or period of community service not to exceed 90 days, or any
combination of the same as determined at the discretion of the Magisterial
District Judge; each day a violation of this chapter exists shall
be a separate violation.
D.
Exceptions. A person residing within 1,500 feet of any school, child-care
facility, park or playground does not commit a violation of this section
if any of the following apply:
(1)
The person established the permanent residence prior to the date
of the enactment of this chapter;
(2)
Was a minor when he or she committed the offense and was not convicted
as an adult;
(3)
The school, child-care facility, park or playground within 1,500
feet of the person's permanent or temporary residence was opened
after the person established residence.
The Council of the City of Shamokin shall supply or cause to
be supplied to the Pennsylvania Board of Probation and Parole a duly
certified copy of this chapter to inform the state and county prison
and probation and parole personnel about the limitations on residence
set forth in this chapter.
If any section, sentence, clause or phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this chapter.
The Shamokin City Police shall be charged with the enforcement
of this chapter.
This chapter shall become effective immediately upon adoption.
