[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-18-2006 by Ord. No. 800]
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A licensed day-care center, child-care facility or any other child-care-services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
- COMMON OPEN SPACE
- 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 the Borough of Clifton Heights, which said open space is regulated, maintained and/or owned by the Borough of Clifton Heights.
- COMMUNITY CENTER
- A building and related facilities used for educational, social, cultural or recreational activities.
- PERMANENT RESIDENCE
- A place where a person lives, abides, lodges or resides for 14 or more consecutive days.
- PUBLIC PARK or RECREATIONAL FACILITY
- Any recreational facility, playground or park, owned or operated by the Borough or any other governmental agency, including, but not limited to, the Upper Darby School District, the County of Delaware or the Commonwealth of Pennsylvania.
- Any public or private school which provides education services to a minor.
- SEX OFFENDER
- Any person over the age of 18 years of age who has been convicted of any crime against a minor identified in 42 Pa.C.S.A. § 9795.1, 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 contacts 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.
- TEMPORARY RESIDENCE
- 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 or temporary residence within 1,000 feet of any school, child-care facility, common open space, community center, public park or recreational facilities in any zoning district, residential, commercial, industrial or otherwise.
For the purpose 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 of the sex offender.
Any sex offender who resides on a permanent or temporary basis within 1,000 feet of any school, child-care facility, common open space, community center, public park or recreational facility 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 within 1,000 feet of any school, child-care facility, common open space, community center, public park or recreational facilities within the Borough. It shall constitute a continuing violation for each day beyond the 45 days that the sex offender continues to reside within 1,000 feet of a school, child-care facility, common open space, community center, public park or recreational facilities. Furthermore, it shall be a violation each day that a sex offender shall move from one location in the Borough to another that is within 1,000 feet of any school, child-care facility, common open space, community center, public park or recreational facilities.
This article shall not apply to any person who has established residence prior to the effective date of Megan's Law, and it shall not apply if the school, child-care facility, common open space, community center, public park or recreational facilities within 1,000 feet of a sex offender's permanent residence were established subsequent to the establishment of the sex offender's permanent residence.
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 Borough of Clifton Heights Police Department shall be charged with the enforcement of this article.