[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]
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.
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.
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.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.
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.
