Borough of Middletown, PA Chapter 227 Sex Offender Residency Restrictions

[HISTORY: Adopted by the Borough Council of the Borough of Middletown 6-9-2009 by Ord. No. 1252, approved 6-9-2009.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance was originally adopted as Ch. 133 but was renumbered to maintain the organization of the Code.

§ 227-1 Title.

This chapter shall be known and may be cited as the "Megan's Law Registrant Residency Ordinance."

§ 227-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHILD-CARE FACILITY

A licensed day-care center, child-care facility or any other child-care service facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.

COMMUNITY CENTER

A building and its related facilities used for educational, social, cultural or recreational activities, which is operated by a not-for-profit entity.

PUBLIC PARK or RECREATIONAL FACILITY

Any land, or tract of land, or facility used for passive or active recreation, including any playground, park, skate park, athletic field, swimming pool, and any other facility owned or operated by the Borough or any other governmental agency or not-for-profit organization, including Dauphin County or the Commonwealth of Pennsylvania.

RESIDENCE

A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year.

SCHOOL

Any educational building or facility, whether public or private, that provides educational services, including secondary schools, trade or professional institutions or institutions of higher education.

SEX OFFENDER

Any individual required to register under 42 Pa.C.S.A. § 9795.1(a), (b)(1) or (2).[1]

[1] Editor's Note: See now 42 Pa.C.S.A. §§ 9799.14 and 9799.15.

§ 227-3 Restrictions established.

A. It shall be unlawful for any sex offender or other person who has been convicted of a violation which requires registration in another jurisdiction, to reside, lodge, abide or live within 500 feet of any school, child-care facility, community center, public park, recreational facility or library in the Borough.

B. For the purpose of determining the minimum distance separation, the requirements shall be measured by following a straight line from the outer property line of the permanent residence of the sex offender to the nearest outer property line of a school, child-care facility, community center, public park, recreational facility or library.

§ 227-4 Exceptions.

This chapter shall not apply to any person or sex offender who has:

A. Established a residence at a location that may be in violation of § 227-3 above prior to the date of adoption of this chapter; or

B. Established a residence not in violation of § 227-3 above but which becomes in violation of § 227-3 because a school, child-care facility, community center, park, recreational facility or library is established subsequent to the establishment of the sex offender's residence; or

C. Established a residence that is in violation of § 227-3 above prior to any obligation of the sex offender to register under Megan's Law II.

§ 227-5 Violations and penalties.

Any person who violates the provisions of this chapter shall, upon conviction before a Magisterial District Justice, be sentenced to a term of imprisonment of not more than 90 days and shall be fined not more than $1,000 for each violation, plus the cost of prosecution and reasonable attorneys' fees.

§ 227-6 Publication of restricted areas.

The Borough Manager shall prepare, and place at the Borough Zoning Office, a map of the Borough of Middletown depicting the areas where sex offenders are restricted from residing pursuant to the terms of this chapter.