[HISTORY: Adopted by the Board of Supervisors of the Township of
Dallas as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-19-2007 by Ord. No. 2-2007]
As used in this article, the following terms shall have the meanings
indicated:
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.
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 the Township of Dallas, which said open space
is regulated, maintained and/or owned by the Township of Dallas.
Any building(s) and all related facilities used for educational,
social, cultural or recreational activities.
Any public or private library which provides services to a minor
or minors.
Any recreational facility, playground or park, owned or operated
by the Township of Dallas or any other governmental agency, including, but
not limited to, any school district, the County of Luzerne or the Commonwealth
of Pennsylvania.
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.
Any public or private school which provides education services to
a minor or minors.
Any person over the age of 18 years of age who has been convicted
of any crime against a minor identified in Megan's Law II, 18 Pa.C.S.A.
§ 9791 et seq., 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 individuals convicted of any attempt to commit any of the offenses
enumerated therein.
A.
It shall be unlawful for any sex offender to establish
a permanent or temporary residence within 1,000 feet of any school, library,
child-care facility, common open space, community center, public park or recreational
facility.
B.
For the purpose of determining the distance, it shall
be measured by following a straight line from the outer property line of the
permanent residence or temporary residence of the sex offender to the nearest
outer property line of a school, library, child-care facility, common open
space, community center, public park or recreational facilities.
A.
Upon the discovery of a violation of the residency restriction/prohibition,
the Dallas Township Police Department shall issue a written notice of violation
by both regular mail and by certified mail, return receipt, to the sex offender.
B.
A sex offender who receives a notice of violation shall,
within 45 days of receipt of the notice, move to a new residence that is not
within 1,000 feet of any school, library, child-care facility, common open
space, community center, park or recreational facility.
C.
The notice of violation shall be deemed to be received
on the date reflected on the certified mail receipt, or if the certified mail
is not accepted or signed for, then 15 days from the date of mailing the regular
mail.
D.
Each day beyond the 45 days that a sex offender fails
to move to a new residence that is in compliance with this article shall constitute
a separate and continuing violation of this article.
A.
This article shall not apply to any person who lawfully
established residence prior to the effective date hereof, unless such person
is convicted of the crimes enumerated in Megan's Law II subsequent to
the effective date of this article. If a sex offender is convicted of the
crimes enumerated in Megan's Law II or becomes subject to the registration
requirements of Megan's Law II subsequent to the effective date of this
article, then this article shall become applicable to that sex offender upon
the date the sex offender is convicted of the new offense(s).
B.
This article shall not be applicable to a sex offender
who lawfully established residence prior to the establishment of a school,
library, child-care facility, common open space, community center, public
park or recreational facility within 1,000 feet of that person's permanent
or temporary residence, unless that person is subsequently convicted of the
crimes or subsequently subject to the registration requirements set forth
in Megan's Law II. If the sex offender reoffends and is convicted under
the crimes enumerated in Megan's Law II after the establishment of a
school, library, child-care facility, common open space, community center,
public park or recreational facility, then this article shall be applicable
to the sex offender on the date the sex offender is convicted of the new offense(s).
C.
The provisions of this article shall not be applicable
to persons incarcerated in any facilities owned, maintained and/or operated
by the County of Luzerne or Commonwealth of Pennsylvania.
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 Township of Dallas. Each day that the
sex offender fails to move after the forty-five-days notice period shall constitute
a new violation and shall be subject to the assessment of a separate fine.
The Dallas Township Police Department shall be charged with the enforcement
of this article.
Dallas Township shall have prepared and retained at the Dallas Township
Office a map of Dallas Township depicting the areas where sex offenders are
restricted from residing.
