[Adopted 7-19-2011 by Ord. No. 3-2011]
As used in this article, the following terms shall have the
meanings indicated:
CHILD-CARE FACILITY
Any day-care center, child-care facility or any other child-care
service facility or home day-care facility for children, whether the
facility is licensed pursuant to the laws of the Commonwealth of Pennsylvania
or exempt from licensing or unlicensed.
COMMON OPEN SPACE
The area of land and/or water restricted from future development
for the purpose of protecting natural features or for providing recreational
opportunities for residents of Harveys Lake Borough, which said open
space is regulated, maintained and/or owned by the Harveys Lake Borough.
COMMUNITY CENTER
Any building(s) and all related facilities used for educational,
social, cultural or recreational activities.
LIBRARY
Any public or private library which provides services to
a minor or minors.
PUBLIC PARK or RECREATIONAL FACILITY
Any recreational facility, playground or park, owned or operated
by Harveys Lake Borough or any other governmental agency, including,
but not limited to, any school district, the County of Luzerne or
the Commonwealth of Pennsylvania.
RESIDENCE
A.
A "permanent residence" is a place where a person lives, lodges,
resides, stays, dwells, or inhabits, or maintains his/her abode for
14 or more consecutive or nonconsecutive days during any calendar
year.
B.
A "temporary residence" is a place where a person lives, lodges,
resides, stays, dwells, or inhabits, or maintains his/her abode for
less than 14 days during any calendar year, if the person is able
to identify a different address or addresses that constitutes the
person's permanent residence.
SCHOOL
Any public or private school which provides education services
to a minor or minors.
SEXUALLY VIOLENT PREDATOR
Any person 18 years of age or older, who has been convicted
of an offense set forth in § 9795.1 of Megan's Law
II (relating to registration), which includes, but is not limited
to, kidnapping, luring a child into a motor vehicle, institutional
sexual assault, indecent assault, incest, prostitution, receiving
sexual materials, sexual abuse of children, unlawful contact with
minors, sexual exploitation of children, rape, involuntary deviate
sexual intercourse, sexual assault, aggravated indecent assault, and
any attempt to commit any of the enumerated offenses, and who is determined
to be a sexually violent predator under § 9795.4 of Megan's
Law II (relating to assessments) due to a mental abnormality (as defined
in § 9792 of Megan's Law II) 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.
Any person who is found to have violated this article shall,
upon conviction, before a Magisterial District Justice, be sentenced
to a term of imprisonment up to 90 days and shall be fined not more
than $1,000 for each violation, plus the costs of prosecution, court
costs and the reasonable administrative costs and attorney's
fees of the Borough. Each day that the sexually violent predator fails
to move after the forty-five-day notice period shall constitute a
new violation and shall be subject to the assessment of a separate
fine.
The Harveys Lake Borough Police Department shall be charged
with the enforcement of this article.
Harveys Lake Borough shall have prepared and retained at the
Borough Office a map of Harveys Lake Borough depicting the areas where
sexually violent predators are restricted from residing.