[HISTORY: Adopted by the Township Council of the Township of Evesham as indicated in article histories. Amendments noted where applicable.]
Article I Residency Restrictions
[Adopted 7-25-2006 by Ord. No. 21-7-2006]
For the purposes of this article, the following words shall be defined as follows:
- CONVICTED SEX OFFENDER
- A person who has been convicted or adjudicated guilty of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offenses that involved a minor, as set forth in N.J.S.A. 2C:7-2, hereinafter, "a disqualifying offense").
- Any tract of land, designated and used by the public for active and passive recreation. The term "park" shall also include all playgrounds, including both public and private playgrounds associated with a parcel of land that contains a school, homeowner or neighborhood association common space, or a licensed child-care facility.
- The place where a convicted sex offender sleeps, which may include more than one location and may be mobile or transitory.
No convicted sex offender shall be permitted to live or establish residence within 1,500 feet of the property boundary comprising a public or nonpublic elementary or secondary school, a licensed child-care facility, or a park in the Township.
A convicted sex offender who resides within 1,500 feet of a property comprising a public or nonpublic elementary or secondary school, a licensed child-care facility or park commits a misdemeanor.
The residency limitations set forth in § 125-2, above shall not apply to any convicted sex offender who has established residence prior to enactment of this article; or who is adjudicated or convicted of a disqualifying offense after establishing residency and then returns to the same residence following sentencing and completion of sentence; nor shall this article apply if the convicted sex offender has established residency at his/her address prior to the establishment of the park, school or licensed child-care facility.
A convicted sex offender who establishes residence within 1,500 feet from a public or nonpublic elementary or secondary school, a child-care facility, park or playground after the enactment of this article shall have 60 days from receipt of a written notice from the Township to move from the residence. Failure to move shall be a violation of this article.
Any individual, partnership, agency, corporation or nonprofit organization that permits, allows, suffers or otherwise facilitates a convicted sex offender to reside in or on a property within 1,500 feet from a public or nonpublic elementary or secondary school, a child-care facility, or park shall be liable under this article.
No convicted sex offender shall be present in or on any park or park property.
No convicted sex offender is permitted to knowingly loiter on a public way within 300 feet from a park.
If a police officer reasonably believes that a convicted sex offender is in a park or loitering within 300 feet of a park in violation of this article, the officer shall ask the suspected convicted sex offender to provide his/her name, address, and telephone number. If it is established that the convicted sex offender is on the New Jersey Sex Offender Registry list, or any other national or state sex offender registry list (regardless of its actual title), the officer shall notify the convicted sex offender that he/she is in violation of this article and shall take appropriate enforcement action, including, but not limited to, removal from the park.
Notwithstanding the foregoing, any juvenile offender shall not be in violation of this article by the attendance of school during normal school hours and during school-sponsored extra-curricular activities.
Any convicted sex offender found guilty of violating any provision of this article, except as set forth below, shall be subject to a fine not to exceed $2000, imprisonment of a term not to exceed 90 days and/or a period of community service not to exceed 90 days.
Any individual, corporation, agency, partnership or organization convicted of violating § 125-4 above shall be subject to a fine not to exceed $500 for each violation.