[HISTORY: Adopted by the Borough Council of the Borough of Lehighton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-24-2007 by Ord. No. 551-2007]
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A licensed day-care center, child-care facility or any other child-care service facility which may be 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 Lehighton Borough, which said open space is owned, regulated and/or maintained by Lehighton Borough.
- 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 Lehighton Borough or any other governmental agency, including, but not limited to, the Lehighton School District, the County of Carbon 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 Megan's Law, 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 contact 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.
It shall be unlawful for any sex offender to establish a permanent residence or temporary residence on any block or any surrounding block on or at which is located any child-care facility, common open space, community center, public park or recreational facility, or school; that is, the sex offender may not establish a permanent residence or temporary residence on the same block as any of these uses. Further, the sex offender may not establish a permanent residence or temporary residence on any of the surrounding blocks of any of these uses. This area shall be defined as the "prohibited area."
Any sex offender who resides in a permanent residence or temporary residence in a prohibited area, i.e., in the same block or on an adjoining block of any child-care facility, common open space, community center, public park or recreation facility, or school shall, within 45 days of receipt of written notice of the sex offender's noncompliance with this article, move from said location to a new location, but said location may not be in a prohibited area. It shall constitute a continuing violation for each day beyond the 45 days the sex offender continues to reside within the prohibited area. Furthermore, it shall be a violation each day that a sex offender shall move from one location in Lehighton Borough to another that is within the prohibited area near any child-care facility, common open space, community center, public park or recreation facility, or school.
This article shall not apply to any person who has established permanent or temporary residence prior to August 27, 2007, and it shall not apply if the child-care facility, common open space, community center, public park or recreation facility, or school in a prohibited area of the sex offender's permanent residence or temporary residence was established subsequent to the establishment of the sex offender's permanent residence or temporary residence.
The provisions of this article shall not be applicable to persons incarcerated in any facilities owned, maintained and/or operated by Lehighton Borough.
Any person who violates the provisions of this article 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 attorneys' fees.
The Lehighton Borough Police Department shall be charged with the enforcement of this article.