[HISTORY: Adopted by the Borough Council of the Borough of
Taylor 4-11-2007 by Ord. No. 2-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Taylor, including its residents and all land
within its territorial boundaries.
A licensed day-care center, licensed child-care facility
or any other child-care services facility exempt from licensing pursuant
to the laws of the Commonwealth of Pennsylvania.
A building and related facilities used for educational, social,
cultural or recreational activities.
The area of land or water available and accessible for use
by the public and residents of the Borough which is restricted from
future development for the purpose of protecting natural features
or for providing recreational opportunities for the residents of the
Borough. Open space generally includes such land or area of land that
is regulated, maintained or owned by the Borough, and may include
steep slopes, floodplains or other significant features to be preserved.
Any land, or tract of land, or facility used for passive
or active recreation, including any playground, park, skate parks,
athletic fields and any other facility owned or operated by the Borough
or any other governmental agency, including Lackawanna County or the
Commonwealth of Pennsylvania.
Any educational building or facility that provides educational
services to a minor child, as defined by the laws of the Commonwealth
of Pennsylvania, including any public or private facility.
Any person, over the age of 18 years, who has been convicted
of any sexual offense or crimes as defined in 42 Pa.C.S.A. 9795.1,[1] including but not limited to kidnapping where the victim
is a minor, institutional sexual assault, indecent assault, incest,
prostitution and related offenses, sexual abuse of a child, unlawful
contact with a minor, sexual exploitation of a minor, rape, involuntary
deviate sexual intercourse, sexual assault, and aggravated indecent
assault. Sex offender shall also include any individuals convicted
of any attempt to commit the offenses as enumerated herein.
[1]
Editor's Note: Said provisions expired 12-20-2012, pursuant
to 42 Pa.C.S.A. § 9799.41.
A.
It shall be unlawful for any sex offender or other person over the
age of 18 years who has been convicted of a violation which requires
registration pursuant to 42 Pa.C.S.A. § 9791 et seq.,[1] or who has been convicted of a violation which requires
registration in another jurisdiction, to reside, lodge, abide or live
within 2,500 feet of any school, child-care facility, open space,
community center, public park or recreational facility in the Borough.
[1]
Editor's Note: Said provisions expired 12-20-2012, pursuant
to 42 Pa.C.S.A. § 9799.41.
B.
For the purpose of determining the minimum distance separation, the
distance shall be measured by following a straight line from the outer
property line of the residence or lodging of the sex offender to the
nearest outer property line of the school, child-care facility, open
space, community center, public park or recreational facility.
C.
Such person who resides or lives within 2,500 feet of any school,
child-care facility, open space, community center, public park or
recreational facility in the Borough shall have 60 days from receipt
of written notice of the prohibition set forth herein to move. Failure
to move to a location which is in compliance with this section within
that time period shall constitute a violation of this chapter.
This chapter shall not apply to any person or sex offender who has established a residence prior to the date of adoption of this chapter, and shall not apply if the school, child care facility, open space, community center, public park or recreational facility within 2,500 feet of the sex offender's residence or lodging was established subsequent to the establishment of the sex offender's residence of lodging. The provisions of this § 141-3 shall not apply to any person or sex offender who has established a residence or lodging, and then relocates to a different residence or lodging within the Borough after the adoption of this chapter.
Any violation of this chapter shall be punishable by imprisonment
for a term not exceeding 90 days and a fine not exceeding $1,000 for
each violation, in addition to the costs of prosecution and attorney's
fees.
All agencies and authorities within the Borough, including but
not limited to the Taylor Police Department, have full authority to
enforce this chapter, and impose such fines and other penalties as
necessary and appropriate.
