The foregoing recitals are herein incorporated by reference as though more fully set
forth at length.
As used in this chapter, the following terms shall have the meanings
indicated:
CHILD-CARE FACILITY
A child day-care center, a group child day-care home or a family
child day-care home as those terms are defined by and as those facilities
are licensed, certified or registered in accordance with 55 Pa. Code Chapters
3270, 3280 and 3290.
PARK
Any publicly owned property or park in which active recreational
facilities, such as playgrounds or ballfields, are located.
RESIDENCE
A place where a person lives, abides, or lodges for 30 or more consecutive
or nonconsecutive days in a calendar year.
SCHOOL
Any public or private school which provides educational services
to a minor. For the purpose of this chapter the term "school" shall include
private schools, including church-run schools and nursery schools which may
be exempt from state licensing under 22 Pa. Code Chapter 51, § 55.1;
provided that the church-run school must provide notice to the Township of
its existence by registering with the Township.
TEMPORARY RESIDENCE
A place where a person lives, abides, or lodges for a period of less
than 30 days in the aggregate during any calendar year.
If a person notified of a violation of this chapter fails or refuses to relocate within 60 days of the date of the notice, Horsham Township or any person residing or entity located within 2,000 feet of a facility listed in §
178-3C may bring suit in equity in the Court of Common Pleas of Montgomery County seeking injunctive relief and/or preliminary injunctive relief to require the sex offender or violent sexual predator to relocate.
A person residing within 2,000 feet of any school, public library, child-care facility, park, or other facilities listed in §
178-3C does not commit a violation of this chapter if one of the following applies:
A. The person resided in the dwelling in question immediately
prior to adoption of this chapter and has maintained the dwelling as his or
her permanent residence continuously since the adoption of this chapter.
B. The school, library, child-care facility, park, or other
protected facility located within 2,000 feet of the person's residence
or temporary residence was opened after the person established the residence.
The Council shall supply or cause to be supplied to the Pennsylvania
Board of Probation and Parole a duly certified copy of this chapter to inform
the state and county prison and probation and parole personnel about the limitations
on residence set forth in this chapter.
The Township Manager is hereby directed to have prepared and placed on the Township Web site a map of the Township depicting the areas where sex offenders that §
178-3C above applies to are restricted from residing on a permanent or temporary basis.