[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:
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.
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.
A building and related facilities used for educational, social,
cultural or recreational activities.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
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.
Any person, over the age of 18 years of age, who has been
convicted of any crime against a minor identified in § 9795.1[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.
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.
[1]
Editor's Note: 42 Pa. C.S.A. § 9791.1.
A.Â
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.
B.Â
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.
