Township of Rochester, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rochester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Parks and recreation areas — See Ch. 105.

Sexually oriented businesses and materials — See Ch. 122.

ARTICLE I
Residency Restrictions (§ 120-1 — § 120-5) 

[Adopted 2-19-2009 by Ord. No. 432]

§ 120-1
Residency restriction or prohibition. 

§ 120-2
Notice to move. 

§ 120-3
Exceptions. 

§ 120-4
Violations and penalties. 

§ 120-5
Enforcement. 

§ 120-1 Residency restriction or prohibition.

A. 

It shall be unlawful for any sex offender required to register pursuant to the statute

Editor's Note: According to the preamble of Ord. No. 432, the term "statute," as used within said ordinance, refers to 42 Pa.C.S.A. § 9791, "commonly known as Megan's Law."
to establish a permanent or temporary residence within 2,500 feet of any school, church, park, amusement park, skate park, roller rink, arcade, skating rink, athletic field or facility, movie theater, playground or child day-care facility located within the Township of Rochester.

B. 

For the purpose of determining the distance, it shall be measured by a straight line from the outer property line of the residence of the sex offender to the nearest outer property line of the school, church, park, amusement park, skate park, roller rink, arcade, skating rink, athletic field or facility, movie theater, playground or child day-care facility located within the Township of Rochester.

§ 120-2 Notice to move.

A. 

The Township shall issue a written notice of violation by both regular mail and certified mail return receipt, to any sex offender residing on a permanent or temporary basis within 2,500 feet of the school, church, park, amusement park, skate park, roller rink, arcade, skating rink, athletic field or facility, movie theater, playground or child day-care facility located within the Township of Rochester.

B. 

The sex offender shall vacate the location, find a different place to live that is not in violation of the law, and move within 45 days of the date the notice is received. The notice shall be deemed to be received on the date reflected on the certified mail receipt or, if the certified mail is not accepted, then 45 days from the date of mailing. The sex offender may not relocate to any temporary or permanent residence located within 2,500 feet of the school, church, park, amusement park, skate park, roller rink, arcade, skating rink, athletic field or facility, movie theater, playground or child day-care facility located within the Township of Rochester.

C. 

If the sex offender fails to relocate to an acceptable location within the time required above, each additional day shall constitute a continuing violation of the article.

D. 

If the sex offender requires permission to return to the premises for a limited period of time not to include any overnights after the expiration of the 45 days for any purpose reasonably related to the relocation, then the sex offender may contact the Township and arrange for appropriate supervision of the activities. The sex offender must make the request in writing to the Township at least five business days in advance of the date that the sex offender desires to return to the building. If the sex offender fails to give the Township the required advance notice in writing, then the sex offender shall be deemed to re-offend and violate this article each and every time that the sex offender returns to the premises after the expiration of the forty-five-day notice to move referenced above herein.

§ 120-3 Exceptions.

A. 

This article may not be applied retroactively. This article does not apply to any person meeting the definition of sex offender prior to the date of passage of the within article, whose place of residence was established as lawful prior to the passage of the within article unless he or she re-offends under the statute. If the sex offender is convicted under the statute after the date of passage of the within article, then this article shall become applicable to that sex offender upon the date the sex offender is convicted of the new offense under the statute.

B. 

If a person meets the definition of a sex offender under this article, and then a school, church, park, amusement park, skate park, roller rink, arcade, skating rink, athletic field or facility, movie theater, playground or child day-care facility is established within 2,500 feet of the residence of the sex offender, then the sex offender shall not be required to move under this article unless the sex offender re-offends. If the sex offender is convicted under the statute after the establishment of any of the above within 2,500 feet of the residence of the sex offender, then this article shall become applicable to that sex offender upon the date the sex offender is convicted of the new offense under the statute.

§ 120-4 Violations and penalties.

A person who is found to have violated this article and convicted of the violation by a Magisterial District Justice shall be assessed the full reasonable attorney fees of the Township, the court costs associated with the Magisterial District Justice proceeding, the reasonable administrative costs of the Township with regard to investigation and enforcement, and a penalty of $1,000 for each day that the sex offender fails to move after the expiration of the notice period. Each day shall constitute a new violation warranting assessment of the penalty. Any day that the sex offender returns to the building without proper advance notice shall constitute a new violation warranting assessment of the penalty.

§ 120-5 Enforcement.

The Rochester Township Police Department shall be charged with the enforcement of this article.