[Ord. 1118, 5/3/2006]
1.
The Borough Council of the Borough of Quakertown has reviewed the
findings of the Pennsylvania Legislature when it adopted Megan's Law
II, as well as resource materials from the Criminal Justice Information
Services Division of the Federal Bureau of Investigation and the Center
for Sex Offender Management (www.csom.org) as established in June
1997 as a collaborative effort of the Office of Justice Programs,
the National Institute of Corrections and the State Justice Institute
and administered by the Center for Effective Public Policy and the
American Probation and Parole Association, the goal of which is to
enhance public safety by preventing further victimization through
improving the management of adult and juvenile sex offenders who are
in the community. The Borough Council finds that repeat sexual offenders,
sexual offenders who use physical violence, and sexual offenders who
prey on children are sexual predators who present an extreme threat
to the public safety. Sexual offenders are extremely likely to use
physical violence and to repeat their offenses, and most sexual offenders
commit many offenses, have many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes
the cost of sexual offender victimization to society at large, while
incalculable, clearly exorbitant.
2.
It is the intent of this Part to serve the Borough's compelling interest
to promote, protect and improve the health, safety and welfare of
the citizens of the Borough by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
[Ord. 1118, 5/3/2006]
1.
It is unlawful for any person who has been convicted of a violation
of Section 9795.1 of Megan's Law II, 42 P.A.C.S.A. § 9795.1
(relating to registration), in which the victim of the offense was
less than 16 years of age, to establish a permanent or temporary residence
within 2,500 feet of any school, child-care facility, park or playground.
2.
For purposes 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
to nearest outer property line of a school, child-care facility, park
or playground.
3.
Penalties. A person who violates this section shall be punished by
a fine not exceeding $500 or by imprisonment for a term not exceeding
60 days or period of community service not to exceed 90 days, or any
combination of the same, as determined at the discretion of the Magistrate
Judge; for a second or subsequent conviction of a violation of this
section, such person shall be punished by a fine not to exceed $1,000
or imprisonment of not more than 12 months, or by both such fine and
imprisonment.
4.
Exceptions. A person residing within 2,500 feet of any school, child-care
facility, park or playground does not commit a violation of this Part
if any of the following apply:
A.
The person established the permanent residence prior to May 3, 2006,
the date of adoption of this Part.
B.
The person was a minor when he/she committed the offense and was
not convicted as an adult.
C.
The person is a minor, unless said minor is tried as an adult for
a sex crime.
D.
The school, child-care facility, park or playground within 2,500
feet of the person's permanent or temporary residence was opened after
the person established the residence.
[Ord. 1118, 5/3/2006]
The Borough Council shall supply or cause to be supplied to
the Pennsylvania Board of Probation and Parole, Bucks County Probation,
Pennsylvania State Corrections, and Bucks County Corrections a duly
certified copy of this Part to inform the state and county prison
and probation and parole personnel about the limitations on residence
set forth in this Part.
[Ord. 1118, 5/3/2006]
If any section, sentence, clause or phrase of this Part is held
to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Part.
[Ord. 1118, 5/3/2006]
This Part shall become effective immediately upon adoption.
