[HISTORY: Adopted by the Township Council of the Township of Mount
Laurel 3-20-2006 by Ord. No. 2006-2. Amendments
noted where applicable.]
The introductory language set forth the "whereas clauses" hereof are
incorporated herein by reference as if set forth at length.[1]
[1]
Editor's Note: A complete copy of this ordinance, including the
preface is on file in the Township's offices.
The Township Council adopts and incorporates by reference the system
of classification of convicted sex offenders authorized by the RCNL and more
completely defined by The Attorney General Guidelines for Law Enforcement
for the Implementation of Sex Offender Registration and Community Notification
Laws created and promulgated by John J. Farmer, Jr., Attorney General of the
State of New Jersey, March 2000.
For purposes of this chapter, the following words shall be defined as
follows:
A person who has been convicted of a criminal offense against a minor,
or an aggravated offense, sexually violent offense, or other relevant offense
that involves a minor, as set forth at the RCNL, N.J.S.A. 2C:7-2 et seq.,
and who is or should be classified as a Tier Two or Tier Three convicted sex
offender under the provisions of The Attorney General Guidelines for Law Enforcement
for the Implementation of Sex Offender Registration and Community Notification
Laws.
The place where a convicted sex offender sleeps, which may include
more than one location and includes mobile facilities of whatever nature and
transitory facilities, including but not limited to hotels, motels, rooming
houses, and group homes.
For purposes of this chapter, the following phrases or words are described
to comply with provisions of the RCNL and the provisions of The Attorney General
Guidelines described hereinbefore. The definitions or descriptions of the
tier system established by law are as follows and are made a part hereof.
Any divergence in the text hereof and in The Attorney General Guidelines for
Law Enforcement for the Implementation of Sex Offender Registration and Community
Notification Laws shall be resolved by following the descriptions or definitions
within the attorney general's guidelines.
A.
Tier I is the most inclusive classification and therefore
the broadest and most encompassing of convicted sex offenders where there
is a required notification to law enforcement. This Tier I consists of those
persons that the County Prosecutor finds that the risk of reoffense is low.
For Tier I offenders, the County Prosecutor must: 1) notify law enforcement
agencies likely to encounter the offender.
B.
Tier II means that classification of convicted sex offenders
that the County Prosecutor finds, based upon the application of the criteria
set forth in law and regulations, that a person's or registrant's
risk of reoffense is moderate. In these circumstances the Prosecutor is required
to: 1) notify local law enforcement agencies likely to encounter the offender;
2) notify at least those community organizations, agencies and groups which
have properly registered with the Prosecutor's office and are likely
to encounter the offender; and 3) notify all local educational institutions,
licensed day-care centers and summer camps which are likely to encounter the
offender.
C.
Tier III means that classification of convicted sex offenders
that the County Prosecutor finds, based upon the application of the criteria
set forth in law and regulations, that a person's or registrant's
risk of reoffense is high. In these circumstances, the Prosecutor is required
to: 1) notify local law enforcement agencies likely to encounter the offender;
2) notify at least those community organizations, agencies and groups which
have properly registered with the Prosecutor's office and are likely
to encounter the offender; 3) notify all local educational institutions, licensed
day-care centers and summer camps which are likely to encounter the offender;
and 4) notify members of the public likely to encounter the offender.
The purposes of this chapter include protection of families living in
Mount Laurel Township, protection of children living in Mount Laurel Township,
protection of children who are in Mount Laurel Township for any type of education
and/or day-care program, protection of children pursuing any quality of recreation,
either on or in public property or private property and the protection of
children who are passing through the Township of Mount Laurel and/or staying
with parents or other appropriate guardian at one of the Township's many
hotels/motels.
The provisions of this chapter are applicable to all convicted sex offenders
that have met or are qualified to meet the criteria for classification as
Tier Two or Tier Three offenders as those terms are utilized within the law,
including The Attorney General Guidelines for Law Enforcement for the Implementation
of Sex Offender Registration and Community Notification Laws. The Township
is aware that challenges to residency proximity regulations such as are contained
in this chapter are based in some measure upon the failure of municipalities
to distinguish between the three tiers set forth in The Attorney General Guidelines
for Law Enforcement for the Implementation of Sex Offender Registration and
Community Notification Laws. Consequently, the Township does not include in
the provisions of the restrictions herein any convicted sex offenders that
are or would be within Tier One of The Attorney General Guidelines for Law
Enforcement for the Implementation of Sex Offender Registration and Community
Notification Laws because the risk of a reoffense by the person previously
convicted is considered by the Office of the Attorney General of the State
of New Jersey as law.
No convicted sex offender as that term is defined herein shall be permitted
to live or establish residence within 2,500 feet of any property, or portion
thereof, comprising a public or nonpublic nursery, elementary or secondary
school, a child-care facility, a municipally owned or privately owned library
that is available for the use of children or a park or playground within the
Township of Mount Laurel.
The enforcement of residency limitations set forth in § 123-7 hereof shall not apply to any convicted sex offender who has established residence prior to the enactment of this chapter. Nevertheless a convicted sex offender, as that term is utilized herein, who has established such residence within the distance requirements of § 123-7 hereof, shall have 60 days from receipt of a written notice from the Township to move from the residence. Failure to so move will be a violation of this chapter, carrying those penalties imposed by § 123-11 hereof.
A.
No convicted sex offender shall be present in or on any
Township park or park property which has been designated by the Township Council
as a park frequented by children.
B.
No convicted sex offender is permitted to knowingly loiter
on a public way within 300 feet of a public park so designated by the Township.
C.
If a police officer reasonably believes that a convicted
sex offender is in a public park in violation of this chapter, the officer
shall require the convicted sex offender to provide his/her name, address
and telephone number. If it is established that the convicted sex offender
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 chapter.
D.
If a police officer or the Township Police Department
determines that a person who has been convicted of an offense for which he
or she should have but has not registered with the New Jersey Sex Offender
Registry and is residing within the Township, the Police Department shall
immediately report such person to the Burlington County Prosecutor's
Office, which is responsible for prosecuting violations of RCNL.
Nothing in this chapter shall be construed as an effort by the Township
of Mount Laurel to supervise or instruct the actions of police personnel in
violation of the laws of the State of New Jersey. The Township Council is
aware that the implementation of police conduct is governed by state law.
Nevertheless, the Township Council determines that the Mount Laurel Township
Chief of Police should implement the provisions of this chapter as efficiently
and rationally as permitted by law.
