[HISTORY: Adopted by the Board of Commissioners of Nether Providence 2-9-2006 by Ord. No. 704. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A licensed day-care center, child-care facility or any other child-care services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
- 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 Nether Providence Township, which said open space is regulated, maintained and/or owned by the Township of Nether Providence.
- COMMUNITY CENTER
- A building and related facilities used for educational, social, cultural or recreational activities.
- PERMANENT RESIDENCE
- A place where a person lives, abides, lodges or resides for 14 or more consecutive days.
- PUBLIC PARK or RECREATIONAL FACILITY
- Any recreational facility, playground or park, owned or operated by the Township or any other governmental agency, including but not limited to the Wallingford Swarthmore School District, the County of Delaware or the Commonwealth of Pennsylvania.
- Any public or private school which provides education services to a minor.
- SEX OFFENDER
- Any person, over the age of 18 years of age, who has been convicted of any crime against a minor identified in § 9795.1 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 contacts 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.
- TEMPORARY RESIDENCE
- A place where a person lives, abides, lodges or resides for a period of less than 14 days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges or resides and which is not the person's permanent residence.
Editor's Note: 42 Pa. C.S.A. § 9791.1.
It shall be unlawful for any sex offender to establish a permanent or temporary residence within 250 feet of any school, child-care facility, common open space, community center, public park or recreational facilities in any zoning district, residential, commercial, industrial or otherwise.
For the purpose of determining the minimum distance separation, the requirement 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, child-care facility, common open space, community center, public park or recreational facilities.
Any sex offender who resides on a permanent or temporary basis within 250 feet of any school, child-care facility, common open space, community center, public park or recreational facility shall, within 45 days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location, but said new location may not be within 250 feet of any child-care facility, common open space, community center, public park or recreational facilities within the Township. It shall constitute a continuing violation for each day beyond the 45 days the sex offender continues to reside within 250 of a child-care facility, common open space, community center, public park or recreational facilities. Furthermore, it shall be a violation each day that a sex offender shall move from one location in the Township to another that is within 250 feet of any child-care facility, common open space, community center, public park or recreational facilities.
This chapter shall not apply to any person who has established residence prior to the date of adoption of this chapter and it shall not apply if the child-care facility, common open space, community center, public park or recreational facilities within 250 feet of the sex offender's permanent residence was established subsequent to the establishment of the sex offender's permanent residence.
Any person who violates the provisions of this chapter shall, upon conviction before a Magisterial District Judge, 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 and reasonable attorney's fees.
The Nether Providence Township Police Department shall be charged with the enforcement of this chapter.
The Township Engineer is herein directed to have prepared a map of the Township depicting the areas where sex offenders are restricted from residing on a permanent or temporary basis.