[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen 9-25-2006 by Ord. No.
06-17. Amendments noted where applicable.]
The Borough Council finds that:
A.
There is community concern regarding the need to secure the safety
of children from convicted sex offenders; and
B.
There are presently no state laws in the State of New Jersey which
prohibit convicted sex offenders from residing or living or loitering
near areas where children regularly meet and congregate; and
C.
Because there is no uniform statewide standard prohibiting convicted
sex offenders from residing or living or loitering near areas where
children regularly meet and congregate, municipalities are addressing
the issue through the enactment of ordinances providing those restrictions;
and
D.
The Borough Council finds that, in order to protect the welfare of
children, it is necessary to restrict places within the Borough of
Dunellen where convicted sex offenders may reside, live or loiter.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who is required to register as a sex offender under
the provisions of N.J.S.A. 2C:7-2.
The place where a convicted sex offender sleeps, which may
include more than one location, and may be mobile or transitory.
A.
No person over the age of 18 who has been convicted of a violation
of any crime as listed in N.J.S.A. 2C:7-2, and who as a result of
said conviction is required to register with the proper authorities
pursuant to N.J.S.A. 2C:7-1 et. seq., Registration and Notification
of Release of Certain Offenders, shall be permitted to reside or live
within 1,500 feet of any school; library; municipal building; public
park; tot-lot, active or passive recreation area or open space; playground;
child-care center or church, or property designated for such use in
the Borough Master Plan.
B.
A convicted sex offender who resides or lives within 1,500 feet of
any school; library; municipal building; public park; tot-lot, active
or passive recreation area or open space; playground; child-care center
or church, or property designated for such use in the Borough Master
Plan 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 section.
C.
This section shall not apply to a person who has established a residence
prior to enactment of this chapter.
A.
No convicted sex offender shall be present in or on any park, tot-lot
or playground, which has been designated by Council as a park, tot-lot
or playground, frequented by children.
B.
No convicted sex offender shall be permitted to knowingly loiter
on a public way within 300 feet from a park, tot-lot or playground,
which has been designated by the Council as a park, tot-lot or playground
frequented by children.
C.
If a police officer reasonably believes that a convicted sex offender
is in a park or playground which has been designated by the Council
as a park or playground frequented by children, the officer shall
require the convicted sex offender to provide his or her name and
address to determine if he or she is on the New Jersey Sex Offender
Registry.
The penalty for any violation of this chapter shall be accord
with the provisions of § _____ of the Borough of Dunellen
Code.
