[Ord. 7952, passed 3-24-2011]
Any building(s) and all related facilities used for educational,
social, cultural or recreational activities.
Any public or private library which provides services to
a minor or minors.
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 City
or any other governmental agency, including Lawrence County and/or
the Commonwealth of Pennsylvania, also including any and all fields
regularly used by children for sporting contests including, but not
limited to, little league baseball, football, soccer or basketball.
A place where a person lives, lodges, resides, stays, dwells,
or inhabits, or maintains his/her abode for 14 or more consecutive
or non-consecutive days during any calendar year.
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 per son 18 years of age or older, who has been convicted
of an offense set forth in Section 9795.1 of Megan's Law II (relating
to registration), which includes, but is not limited to kidnaping,
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 indecent assault, and any attempt to commit any
of the enumerated offenses, and who is determined to be a sexually
violent predator under Section 9795.4 of Megan's Law II (relating
to assessments) due to a mental abnormality (as defined in Section
9792 of Megan's Law II) or personality disorder that makes the
person likely to engage in predatory sexually violent offenses. The
term includes an individual determined to be a sexually violent predator
where the determination occurred in the United States or one of its
territories or possessions, another state, the District of Columbia,
the Commonwealth of Puerto Rico, a foreign nation or by court martial.
[Ord. 7952, passed 3-24-2011]
(a)
It shall be unlawful for any sexually violent predator to establish
a permanent or temporary residence within 1,000 feet of any school,
library, community center, public park or recreational facility.
(b)
For the purpose of determining the distance, it shall be measured
by following a straight line from the outer property line of the permanent
residence or temporary residence of the sexually violent predator
to the nearest outer property line of a school, library, community
center, public park or recreational facility.
[Ord. 7952, passed 3-24-2011]
(a)
Upon the discovery of a violation of the Residency Restriction/Prohibition,
the New Castle City Police Department shall issue a written Notice
of Violation by both regular mail and by certified mail, return receipt,
to the sexually violent predator.
(b)
A sexually violent predator who receives a Notice of Violation shall
within 45 days of receipt of the Notice, move to a new residence that
is not within 1,000 feet of any school, library, community center,
park or recreational facility.
(c)
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.
(d)
Each day beyond the 45 days that a sexually violent predator fails
to move to a new residence that is in compliance with this article
shall constitute a separate and continuing violation of this article.
[Ord. 7952, passed 3-24-2011]
(a)
This article 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 article. If a sexually violent predator
is convicted of the crimes enumerated in Megan's Law II or becomes
subject to the registration requirements of Megan's Law II subsequent
to the effective date of this article, then this article shall become
applicable to that sexually violent predator upon the date the sexually
violent predator is convicted of the new offense(s).
(b)
This article shall not be applicable to a sexually violent predator
who lawfully established residence prior to the establishment of a
school, library, child care facility, common open space, community
center, public park or recreational facility within 1,000 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 sexually violent predator re-offends and is convicted under the
crimes enumerated in Megan's Law II after the establishment of
a school, library, child care facility, common open space, community
center, public park or recreational facility, then this article shall
be applicable to the sexually violent predator on the date the sexually
violent predator is convicted of the new offense(s).
(c)
The provisions of this article shall not be applicable to persons
incarcerated in any facilities owned, maintained and/or operated by
the County of Lawrence and/or the Commonwealth of Pennsylvania.
[Ord. 7952, passed 3-24-2011]
The New Castle City Police Department shall be charged with
the enforcement of this article.
[Ord. 7952, passed 3-24-2011]
The City of New Castle shall have prepared and retained at City
Hall a map of the City of New Castle depicting the areas where sexually
violent predators are restricted from residing.
[Ord. 7952, passed 3-24-2011]
The provisions of this article are severable. If any section,
clause, sentence, part or provision hereof shall be deemed to be 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 article.
[Ord. 7952, passed 3-24-2011]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Ord. 7952, passed 3-24-2011]
This article shall become effective as allowed by law.
[Ord. 7952, passed 3-24-2011]
Any person who is found to have violated this article shall,
upon conviction, before a Magisterial District Justice, 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 attorney's
fees of the City. Each day that the sexually violent predator 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.
