[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:
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.
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.
A building and related facilities used for educational, social,
cultural or recreational activities.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
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.
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.
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.
A.Â
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.
B.Â
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.
