[Adopted 7-5-2006 by Ord. No. 2006-03]
A. 
The Borough Council of the Borough of Downingtown has reviewed the legislative findings and declaration of policy of the Pennsylvania Legislature when it adopted Megan's Law and the amendments thereto as well as resource materials from the Criminal Justice Information Services Division of the Federal Bureau of Investigation 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.
B. 
The Borough Council 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.
C. 
It is the intent of this article to serve the Borough's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Borough 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 is an "offender" or "sexual offender" or "sexually violent predator" as defined in § 9792 of Megan's Law, as amended or as may be subsequently amended, 42 Pa.C.S.A. § 9792, to establish a permanent or temporary residence within 2,500 feet of any school, child-care facility, park or playground.[1]
[1]
NOTE: 42 Pa.C.S.A. § 9792 expired December 12, 2012, pursuant to 42 Pa.C.S.A. § 9799.41. The minimum distance separation is not enforceable. All other aspects of Megan's Law shall be followed.
B. 
For purposes of determining the minimum distance separation, the permanent residence or temporary residence is measured to the nearest outer property line of a school, child-care facility, park or playground.
A person who violates this article shall be punished by a fine not exceeding $500 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 Magistrate Judge; for a second or subsequent conviction of a violation of this article, such person shall be punished by a fine not to exceed $1,000 or imprisonment of not more than 12 months or by both such fine and imprisonment.
A person residing within 2,500 feet of any school, child-care facility, park or playground does not commit a violation of this article if any of the following apply:
A. 
The person established the permanent residence prior to July 5, 2006, the date of adoption of this article.
B. 
The person was a minor when he/she committed the offense and was not convicted as an adult.
C. 
The person is a minor, unless said minor is tried as an adult for a sex crime.
D. 
The school, child-care facility, park or playground within 2,500 feet of the person's permanent or temporary residence was opened after the person established the residence.
Borough Council shall supply or cause to be supplied to the Pennsylvania Board of Probation and Parole, Chester County Adult Probation, PA Bureau of Corrections, and the Chester County Prison a copy of this article to inform the state and county prison, probation and parole personnel about the limitations on residence set forth in this article.