[Ord. No. 5-2007, 10/9/2007]
As used in this Part, the following terms shall have the meanings
indicated:
Any day-care center, child-care facility or any other child-care
service facility or home day-care facility for children, whether the
facility is licensed pursuant to the laws of the Commonwealth of Pennsylvania
or exempt from licensing or unlicensed.
The area of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for residents of Sugarloaf Township, which said open
space is regulated, maintained and/or owned by Sugarloaf Township.
Any building(s) and all related facilities used for educational,
social, cultural, or recreational activities.
Any recreational facility, playground or park owned or operated
by the Township of Sugarloaf or any other governmental agency, including,
but not limited to, Hazleton Area School District, the County of Luzerne
or the Commonwealth of Pennsylvania.
PERMANENT RESIDENCEA place where a person lives, lodges, resides, stays, dwells, or inhabits, or maintains his/her abode for 14 days or more consecutive or nonconsecutive days during any calendar year.
A "temporary residence" is a place where a person lives, lodges,
resides, stays, dwells, or inhabits, or maintains his/her abode for
less than 14 days during any calendar year, if the person is able
to identify a different address or addresses that constitute the person's
permanent residence.
Any public or private school which provides education services
to a minor or minors.
Any person, over the age of 18 years of age who has been
convicted of any crime against a minor identified in Megan's
Law II, 42 Pa.C.S.A. § 9791 et seq.,[1] which includes, but 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 assault, and individuals convicted of any attempt
to commit any of the offenses enumerated therein.
[1]
Editor's Note: The provisions of 42 Pa.C.S.A. § 9791
et seq. expired 12-20-2012 pursuant to 42 Pa.C.S.A. § 9799.41.
See now 42 Pa.C.S.A. § 9799.11.
[Ord. No. 5-2007, 10/9/2007]
1.
It shall be unlawful for any sex offender to establish a permanent
or temporary residence within 1,500 feet of any school, child-care
facility, common open space, community center, public park or recreational
facility.
2.
For the purpose of determining the distance, it shall be measured
by following a straight line from the outer 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 facility.
[Ord. No. 5-2007, 10/9/2007]
1.
Upon the discovery of a violation of the residency restriction/prohibition,
officers of the Police Department of the Township of Sugarloaf are
hereby authorized to issue a written notice of violation by both regular
mail and by certified mail, return receipt, to the sex offender.
2.
A sex offender who receives a notice of violation shall, within 45
days of the receipt of the notice, move to a new residence that is
not within 1,500 feet of any school, child-care facility, common open
space, community center, public park or recreational facility.
3.
The notice of violation shall be deemed to be received on the date
reflected on the certified mail receipt or, if the certified mail
is not accepted or signed for, then 15 days from the date of mailing
the regular mail.
4.
Each day beyond the 45 days that the sex offender fails to move to
a new residence that is in compliance with this Part shall constitute
a separate and continuing violation of this Part.
[Ord. No. 5-2007, 10/9/2007]
1.
This Part shall not apply to any person who lawfully established
residence prior to the effective date hereof, unless such person is
convicted of the crimes enumerated in Megan's Law II subsequent
to the effective date of this Part. If a sex offender is convicted
of the crimes enumerated in Megan's Law II[1] or becomes subject to the registration requirements of
Megan's Law II subsequent to the effective date of this Part,
then this Part shall become applicable to that sex offender upon the
date the sex offender is convicted of the new offense(s).
[1]
Editor's Note: See now 42 Pa.C.S.A. § 9799.10 et
seq.
2.
This Part shall not be applicable to a sex offender who lawfully
established residence prior to the establishment of a school, child-care
facility, common open space, community center, public park or recreational
facility within 1,500 feet of that person's permanent or temporary
residence, unless that person is subsequently convicted of the crimes
or subsequently subject to the registration requirements set forth
in Megan's Law II. If the sex offender reoffends and is convicted
under the crimes enumerated in Megan's Law II after the establishment
of a school or child-care facility, then this Part shall be applicable
to the sex offender on the date the sex offender is convicted of the
new offense(s).
[Ord. No. 5-2007, 10/9/2007]
Any person who is found to have violated this Part shall, upon
conviction, before a Magisterial 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, court costs
and the reasonable administrative costs and attorneys' fees of the
Township of Sugarloaf. Each day that the sex offender fails to move
after the 45 days' notice period shall constitute a new violation
and shall be subject to the assessment of a separate fine.
[Ord. No. 5-2007, 10/9/2007]
The Police Department of the Township of Sugarloaf shall be
charged with the enforcement of this Part.
[Ord. No. 5-2007, 10/9/2007]
A map of the Township of Sugarloaf depicting the areas where
sex offenders are restricted from residing shall be prepared and maintained
at the Sugarloaf Township office.
[Ord. No. 5-2007, 10/9/2007]
The provisions of this Part are severable. If any section, clause,
sentence, part or provision hereof shall be determined to the illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not impair or affect any remaining
provisions of this Part, it being the intention of the Board of Supervisors
of Sugarloaf Township that it would have adopted the Part even if
any illegal, invalid or unconstitutional provision(s) had not been
included.
[Ord. No. 5-2007, 10/9/2007]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Ord. No. 5-2007, 10/9/2007]
This Part shall take effect in five calendar days after the
enactment hereof.
