Borough of Oceanport, NJ Chapter 308 Sex Offender Residency

[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 6-15-2006 by Ord. No. 812. Amendments noted where applicable.]

§ 308-1 Sex offender residency prohibition.

No person over the age of 18 who has been convicted of a violation of any crime against a minor as identified in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release of Certain Offenders, commonly identified as "Megan's Law," shall be permitted to reside or live within 2,500 feet of:

A. Any public or private school where the dominant school population is 18 years of age or younger;

B. Any day-care center;

C. Any day camp;

D. Any Borough, county or state park, including the so-called "pocket parks" within individual neighborhoods;

E. Any public or commercial recreation facility clearly designed to attract children as a "playground;"

F. Any commercial recreation facilities frequented by young people, including theaters, bowling alleys, sports fields, exercise or sporting facilities;

G. Any convenience store; or

H. Any public library.

§ 308-2 Relocation requirement.

Any person meeting the definition set forth hereinabove who resides or lives within 2,500 feet of any of the facilities listed within the Borough shall have 60 days from receipt of written notice of the prohibition set forth in § 308-1 of this chapter to move to a location that is not within 2,500 feet of one of those facilities within the Borough. Failure to so relocate as stated herein shall constitute a violation of this section.

§ 308-3 Prior residency established.

This prohibition shall not be deemed applicable to a person who had established a residence prior to the effective date of this statute throughout the period of time the person remains a resident at that precise location.

§ 308-4 Brown Zones.

In addition to the foregoing, an area encompassing 150 feet in all directions from any facilities identified in § 308-1A through H of this chapter shall be established and defined as a "Brown Zone." No person identified in § 308-1 of this chapter shall be permitted to stop, sit, stand or loiter within a Brown Zone for any period of time exceeding the amount of time reasonably necessary to engage in a legitimate activity within the Brown Zone, and only for the period of time actually engaging in that legitimate activity.

§ 308-5 Violations and penalties. [1]

Each and every individual in violation of this chapter shall be subject to a fine not exceeding $2,000, which fine shall be at least $500, or shall be required to perform community service not to exceed 90 days for each offense, or shall be imprisoned for a term not exceeding 90 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense, for which the individual was sentenced to pay a fine, the court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the court upon a repeat offender shall not be less than $500 nor more than $2,000, but shall be calculated separately from the fine imposed for the violation of this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).