[HISTORY: Adopted by the Board of Commissioners of the Township
of Rochester as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-19-2009 by Ord. No. 432]
A.
It shall be unlawful for any sex offender required to register pursuant
to the statute[1] to establish a permanent or temporary residence within
2,500 feet of any school, church, park, amusement park, skate park,
roller rink, arcade, skating rink, athletic field or facility, movie
theater, playground or child day-care facility located within the
Township of Rochester.
[1]
Editor's Note: According to the preamble of Ord. No.
432, the term "statute," as used within said ordinance, refers to
42 Pa.C.S.A. § 9791, "commonly known as Megan's Law."
B.
For the purpose of determining the distance, it shall be measured
by a straight line from the outer property line of the residence of
the sex offender to the nearest outer property line of the school,
church, park, amusement park, skate park, roller rink, arcade, skating
rink, athletic field or facility, movie theater, playground or child
day-care facility located within the Township of Rochester.
A.
The Township shall issue a written notice of violation by both regular
mail and certified mail return receipt, to any sex offender residing
on a permanent or temporary basis within 2,500 feet of the school,
church, park, amusement park, skate park, roller rink, arcade, skating
rink, athletic field or facility, movie theater, playground or child
day-care facility located within the Township of Rochester.
B.
The sex offender shall vacate the location, find a different place
to live that is not in violation of the law, and move within 45 days
of the date the notice is received. The notice shall be deemed to
be received on the date reflected on the certified mail receipt or,
if the certified mail is not accepted, then 45 days from the date
of mailing. The sex offender may not relocate to any temporary or
permanent residence located within 2,500 feet of the school, church,
park, amusement park, skate park, roller rink, arcade, skating rink,
athletic field or facility, movie theater, playground or child day-care
facility located within the Township of Rochester.
C.
If the sex offender fails to relocate to an acceptable location within
the time required above, each additional day shall constitute a continuing
violation of the article.
D.
If the sex offender requires permission to return to the premises
for a limited period of time not to include any overnights after the
expiration of the 45 days for any purpose reasonably related to the
relocation, then the sex offender may contact the Township and arrange
for appropriate supervision of the activities. The sex offender must
make the request in writing to the Township at least five business
days in advance of the date that the sex offender desires to return
to the building. If the sex offender fails to give the Township the
required advance notice in writing, then the sex offender shall be
deemed to re-offend and violate this article each and every time that
the sex offender returns to the premises after the expiration of the
forty-five-day notice to move referenced above herein.
A.
This article may not be applied retroactively. This article does
not apply to any person meeting the definition of sex offender prior
to the date of passage of the within article, whose place of residence
was established as lawful prior to the passage of the within article
unless he or she re-offends under the statute. If the sex offender
is convicted under the statute after the date of passage of the within
article, then this article shall become applicable to that sex offender
upon the date the sex offender is convicted of the new offense under
the statute.
B.
If a person meets the definition of a sex offender under this article,
and then a school, church, park, amusement park, skate park, roller
rink, arcade, skating rink, athletic field or facility, movie theater,
playground or child day-care facility is established within 2,500
feet of the residence of the sex offender, then the sex offender shall
not be required to move under this article unless the sex offender
re-offends. If the sex offender is convicted under the statute after
the establishment of any of the above within 2,500 feet of the residence
of the sex offender, then this article shall become applicable to
that sex offender upon the date the sex offender is convicted of the
new offense under the statute.
A person who is found to have violated this article and convicted
of the violation by a Magisterial District Justice shall be assessed
the full reasonable attorney fees of the Township, the court costs
associated with the Magisterial District Justice proceeding, the reasonable
administrative costs of the Township with regard to investigation
and enforcement, and a penalty of $1,000 for each day that the sex
offender fails to move after the expiration of the notice period.
Each day shall constitute a new violation warranting assessment of
the penalty. Any day that the sex offender returns to the building
without proper advance notice shall constitute a new violation warranting
assessment of the penalty.
The Rochester Township Police Department shall be charged with
the enforcement of this article.
