Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2005 by Ord. No. 2005-27;amended in its entirety 12-12-2006 by Ord. No. 2006-17]

§ 239-1 Residency restrictions.

A. 
No person 18 years of age or older who has been convicted of any crime or offense covered by the provisions of N.J.S.A. § 2C:7-1, commonly known as Meagan's Law, as now existing or hereafter amended, and who is subject to the registration requirements as now or hereafter provided therein, shall reside within 2,500 feet of any public or private primary or secondary school or educational institution, any child-care or child day-care facility or any park or playground now or hereafter existing within the Township of Lumberton except as expressly permitted herein.
B. 
The residency restrictions and prohibitions of this article as set forth in § 239-1 hereof shall not apply to any person who purchased a residence with the intent to immediately reside therein prior to residency in such location becoming prohibited by the enactment of this article or the establishment or creation of a new public or private primary or secondary school or educational institution, child-care or child day-care facility or park or playground as to which construction thereof had not been started or planned and of which there was no public notice of such intended construction as of the time of the purchase of such residence.
C. 
Any person, other than such persons to whom § 239-1A of this article is applicable, who resides within any location which becomes prohibited by the enactment of this article or the establishment of a new public or private primary or secondary school or educational institution, child-care or child day-care facility, or park or playground which did not previously exist, shall have the longer of: 1) 60 days from the date that such residency would otherwise become prohibited by reason of the effective date of this article and/or the establishment and creation of a new public or private primary or secondary school or educational institution, child-care or child day-care facility or park or playground; or 2) the termination of the current term or the earlier termination of any residential lease entered into by such person prior to such residency otherwise becoming prohibited; provided, however, that in no event shall such residency continue for more than one year from the date such residency would otherwise be deemed prohibited. The failure to discontinue any residency as required by this § 239-1C shall constitute a violation of this article.

§ 239-2 Facilitating and/or permitting residency in violation of article.

A. 
It shall be a violation of this article for any person, partnership, agency, corporation, company or nonprofit organization to permit, allow or otherwise facilitate any residency or continued residency that is in violation of this article in any residence or dwelling which such person, partnership, agency, corporation, company or nonprofit organization owns, has control over or otherwise has responsibility for the management, sale or renting thereof.

§ 239-3 Prohibitions of persons in parks frequented by children.

A. 
No person who has been convicted of any crime or offense covered by the provisions of N.J.S.A. § 2C:7-1, as now existing or hereafter amended, and who is subject to the registration requirements as now or hereafter provided therein, shall be present in or on any public park, park property or sports or recreation complex or grounds owned or maintained by the Township of Lumberton.
B. 
No person who has been convicted of any crime or offense covered by the provisions of N.J.S.A. § 2C:7-1, as now existing or hereafter amended, and who is subject to the registration requirements as now or hereafter provided therein, is permitted to knowingly loiter on a public way within 300 feet from a public park, park property or sports or recreation complex or grounds owned or maintained by the Township of Lumberton.
C. 
If any law enforcement officer reasonably believes that a person subject to the prohibitions of this section of this article is in an area that is in violation of this section of this article, the officer shall require the person to provide his/her name, address and telephone number and proof of identity. If it is established that the person is on the New Jersey Sex Offender Registry List, the officer shall notify the convicted sex offender that he/she is in violation of this article and otherwise enforce the provisions of this article.

§ 239-4 Violation and penalties.

A. 
A violation of § 239-1 of this article shall be punishable by a fine not to exceed $1,250, imprisonment of not more than 90 days, and/or a period of community service not to exceed 90 days. Each day that residency continues in violation of § 239-1 shall constitute a separate punishable offense.
B. 
A violation of § 239-2 of this article shall be punishable by a fine not to exceed $1,250, imprisonment of not more than 90 days, and/or a period of community service not to exceed 90 days. Each day that residency that is in violation of this article is permitted to continue by a person, partnership, agency, corporation, company or nonprofit organization to whom § 239-2 applies and who has control over such continued residency shall constitute a separate punishable offense.
C. 
A violation of § 239-3 of this article shall be punishable by a fine not to exceed $500, imprisonment of not more than 30 days, and/or a period of community service not to exceed 90 days for a first offense and a fine not to exceed $1,250, imprisonment of not more than 90 days, and/or a period of community service not to exceed 90 days for any subsequent offense.

§ 239-5 Sex-Offender-Free-Zone Map and designations.

A. 
The municipality shall endeavor to maintain on file in the office of the Municipal Clerk a map delineating the areas that are within the two-thousand-five-hundred-foot residency restrictions set forth in § 239-1 of this article (the "Sex-Offender-Free-Zone Map"). The Sex-Offender-Free-Zone Map shall, for purposes of enforcement of this article, serve as conclusive evidence that the areas delineated therein are within the two-thousand-five-hundred-foot residency restriction areas provided for in § 239-1 of this article. However, the residency restrictions established by this article shall apply to all areas within the two-thousand-five-hundred-foot residency restriction area established by § 239-1 of this article regardless of whether or not such area appears on the Sex-Offender-Free-Zone Map.
B. 
The municipality shall endeavor to delineate on the Sex-Offender-Free-Zone Map maintained in the Office of the Municipal Clerk, such public parks, park properties or sports or recreation complexes or grounds to which § 239-3 of this article applies, together with the areas to which the loitering prohibitions set forth in § 239-3B apply. The failure to maintain a Sex-Offender-Free-Zone Map or accurately reflect therein the public parks, park properties or sports or recreation complexes or grounds to which § 239-3 of this article applies shall not constitute a defense to a violation of § 239-3 of this article.