[HISTORY: Adopted by the Township Council of the Township of Bristol 10-20-2005 by Ord. No. 2005-08.[1]]
[1]
Editor's Note: This ordinance also stated that it shall be effective 21 days after passage, except that§ 161-4A shall be immediately effective. Amendments noted where applicable.
For the purpose of this chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this section:
COMMON OPEN SPACE
That area of land and/or water restricted from further development for purposes of protecting natural features or for providing recreational opportunities for residents of Bristol Township, which open space is regulated, maintained and/or owned by Bristol Township, Bucks County, or the Commonwealth of Pennsylvania.
DAY-CARE CENTER
A licensed day-care center or child-care facility, as defined in § 205-16B(8) of the Bristol Township Zoning Code Ord. No. 2002-05. This definition shall include any property zoned as of the effective date of this chapter for such use, whether of not used for that purpose, if when this chapter becomes effective that property or the owner thereof shall hold a license to operate as a day-care center issued by the Pennsylvania Department of Public Welfare.
PUBLIC PARK OR RECREATIONAL FACILITY
Any recreational facility, playground or park owned or operated by Bristol Township, or any other governmental entity or agency, including, but not limited to, the Bristol Township School District, Bucks County or the Commonwealth of Pennsylvania.
SCHOOL
Any public or private school, including charter schools, providing education or education services through the 12th grade.
SEX OFFENDER
Any adult person who has been convicted of any crime against a minor identified in § 9795.l of Megan's Law II, including, but not limited to, kidnaping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of a child(ren), unlawful contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and individuals convicted of an attempt to commit any of the aforementioned offenses or offenses identified in § 9795.1 of Megan's Law II. Sex offenders shall be subject to the provisions of this chapter for so long as they are required to register as a sex offender under the provisions of 42 Pa.C.S.A. § 9795.1. As used herein, "sex offender" shall be deemed to include any person identified as a sexually violent predator as defined in 42 Pa.C.S.A. § 9792.
SEXUALLY VIOLENT PREDATOR
A person who has been convicted of a sexually violent offense as set forth in section 42 Pa.C.S.A. § 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 42 Pa.C.S.A. § 9795.4 (relating to assessments) due to a mental abnormality 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.
TEMPORARY RESIDENCE
Any place where a person lives, abides, lodges or resides for a period of not more than two consecutive days, or parts thereof, and not more than 10 days, or parts thereof, in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges or resides and which is not the person's permanent residence. Any residence not meeting this definition of a "temporary residence" shall be deemed under this chapter a permanent residence.
A. 
It shall be unlawful for any sex offender to establish a permanent residence or temporary residence within 2,500 feet of any school, day-care center, common open space, public park or recreational facility.
B. 
For the purpose of determining the minimum distance separation, the requirement shall be measured following a straight line from the nearest outer property line of the permanent or temporary residence of the sex offender to the nearest outer property line of the school, day-care center, common open space, public park or recreational facility.
Any sex offender residing on a permanent or temporary basis within 2,500 feet of any school, day-care center, common open space, public park or recreational facility shall, within 45 days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location not in violation of this chapter. It shall constitute a continuing violation of this chapter for each day beyond the 45 days the sex offender continues to reside within 2,500 feet of a school, day-care center, common open space, public park or recreational facility. Furthermore, it shall be a violation each day a sex offender shall move from one location in the Township to another facility also within 2,500 feet of a school, day-care center, common open space, public park or recreational facility. A notice to move may be enforced in civil proceedings brought in a court of competent jurisdiction by the Township Solicitor.
This chapter shall not apply to:
A. 
Any person who established permanent residence prior to the passage of this chapter or who, having established a permanent residence prior to the passage of this chapter, establishes a new permanent residence within 100 feet of the previous permanent residence.
B. 
Any person if the school, day-care center, common open space, public park or recreational facility within 2,500 of the sex offender's permanent residence was established subsequent to the establishment of the sex offender's permanent residence.
C. 
Any person if the child of that person, natural or by adoption, is registered and in regular attendance at the school or day-care center, for such times as the child is in regular attendance at the school or day-care center, excluding periods of time when the school or day-care center is closed for legal holidays or regularly scheduled summer vacations.
D. 
Any person whose residence is required at the location within 2,500 feet of a school, day-care center, common open space, public park or recreational facility by Court order or by or under the laws of the United States of America, the Commonwealth of Pennsylvania, or Bucks County, Pennsylvania, or any agency thereof.
E. 
Periods of time when the sex offender is an inpatient at any medical facility or hospital or required to serve a sentence at a jail, prison, juvenile facility or other correctional institution owned, operated, managed or under the control of the United States of America, the Commonwealth of Pennsylvania, or Bucks County, Pennsylvania, or any agency thereof.
F. 
Any person who by court order or operation of law is relieved, excused or no longer bound from or by the reporting requirements of Megan's Law II and from identification as a sexually violent predator.
Any person who intentionally violates the provisions of the chapter shall be subject to the penalties of 53 P.S. §§ 56502 and/or 58304.
The Bristol Township Police Department shall be charged with the enforcement of this chapter.
The attached map of Bristol Township depicts the areas of Bristol Township where sex offenders are restricted from residing on a permanent or temporary basis. The Managing Director shall make available at the Township Building, during normal Township business hours, a copy of this map for inspection by any person requesting to do so. This map may be amended from time to time by amendment(s) to this chapter.