[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 6-9-2009 by Ord. No.
1252, approved 6-9-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 133 but was renumbered to maintain the organization of the
Code.
This chapter shall be known and may be cited as the "Megan's
Law Registrant Residency Ordinance."
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 service facility exempt from licensing pursuant to the
laws of the Commonwealth of Pennsylvania.
A building and its related facilities used for educational,
social, cultural or recreational activities, which is operated by
a not-for-profit entity.
Any land, or tract of land, or facility used for passive
or active recreation, including any playground, park, skate park,
athletic field, swimming pool, and any other facility owned or operated
by the Borough or any other governmental agency or not-for-profit
organization, including Dauphin County or the Commonwealth of Pennsylvania.
A location where an individual resides or is domiciled or
intends to be domiciled for 30 consecutive days or more during a calendar
year.
Any educational building or facility, whether public or private,
that provides educational services, including secondary schools, trade
or professional institutions or institutions of higher education.
Any individual required to register under 42 Pa.C.S.A. § 9795.1(a),
(b)(1) or (2).[1]
[1]
Editor's Note: See now 42 Pa.C.S.A. §§ 9799.14
and 9799.15.
A.
It shall be unlawful for any sex offender or other person who has
been convicted of a violation which requires registration in another
jurisdiction, to reside, lodge, abide or live within 500 feet of any
school, child-care facility, community center, public park, recreational
facility or library in the Borough.
B.
For the purpose of determining the minimum distance separation, the
requirements shall be measured by following a straight line from the
outer property line of the permanent residence of the sex offender
to the nearest outer property line of a school, child-care facility,
community center, public park, recreational facility or library.
This chapter shall not apply to any person or sex offender who
has:
Any person who violates the provisions of this chapter shall,
upon conviction before a Magisterial District Justice, be sentenced
to a term of imprisonment of not more than 90 days and shall be fined
not more than $1,000 for each violation, plus the cost of prosecution
and reasonable attorneys' fees.
The Borough Manager shall prepare, and place at the Borough
Zoning Office, a map of the Borough of Middletown depicting the areas
where sex offenders are restricted from residing pursuant to the terms
of this chapter.