[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:
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.
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.
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 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.
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.
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.
