[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article histories. Amendments noted where applicable.]
Obscenity and pornography — See Ch. 28.
[Adopted 7-19-2011 by Ord. No. 3-2011]
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- Any day-care center, child-care facility or any other child-care service facility or home day-care facility for children, whether the facility is licensed pursuant to the laws of the Commonwealth of Pennsylvania or exempt from licensing or unlicensed.
- 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 Harveys Lake Borough, which said open space is regulated, maintained and/or owned by the Harveys Lake Borough.
- COMMUNITY CENTER
- Any building(s) and all related facilities used for educational, social, cultural or recreational activities.
- Any public or private library which provides services to a minor or minors.
- PUBLIC PARK or RECREATIONAL FACILITY
- Any recreational facility, playground or park, owned or operated by Harveys Lake Borough or any other governmental agency, including, but not limited to, any school district, the County of Luzerne or the Commonwealth of Pennsylvania.
- A. A "permanent residence" is a place where a person lives, lodges, resides, stays, dwells, or inhabits, or maintains his/her abode for 14 or more consecutive or nonconsecutive days during any calendar year.
- B. A "temporary residence" is a place where a person lives, lodges, resides, stays, dwells, or inhabits, or maintains his/her abode for less than 14 days during any calendar year, if the person is able to identify a different address or addresses that constitutes the person's permanent residence.
- Any public or private school which provides education services to a minor or minors.
- SEXUALLY VIOLENT PREDATOR
- Any person 18 years of age or older, who has been convicted of an offense set forth in § 9795.1 of Megan's Law II (relating to registration), 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 contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and any attempt to commit any of the enumerated offenses, and who is determined to be a sexually violent predator under § 9795.4 of Megan's Law II (relating to assessments) due to a mental abnormality (as defined in § 9792 of Megan's Law II) or personality disorder that makes the person likely to engage in predatory sexually violent offenses. The term includes an individual determined to be a sexually violent predator where the determination occurred in the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or by court martial.
It shall be unlawful for any sexually violent predator to establish a permanent or temporary residence within 1,000 feet of any school, library, child-care facility, common open space, community center, public park or recreational facility.
For the purpose of determining the distance, it shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sexually violent predator to the nearest outer property line of a school, library, child-care facility, common open space, community center, public park or recreational facility.
Upon the discovery of a violation of the residency restriction/prohibition, the Harveys Lake Borough Police Department shall issue a written notice of violation by both regular mail and by certified mail, return receipt, to the sexually violent predator.
A sexually violent predator who receives a notice of violation shall, within 45 days of receipt of the notice, move to a new residence that is not within 1,000 feet of any school, library, child-care facility, common open space, community center, park or recreational facility.
The notice of violation shall be deemed to be received on the date reflected on the certified mail receipt, or if the certified mail is not accepted or signed for, then 15 days from the date of mailing the regular mail.
Each day beyond the 45 days that a sexually violent predator fails to move to a new residence that is in compliance with this article shall constitute a separate and continuing violation of this article.
This article shall not apply to any person who lawfully established residence prior to the effective date hereof, unless such person is convicted of the crimes enumerated in Megan's Law II subsequent to the effective date of this article. If a sexually violent predator is convicted of the crimes enumerated in Megan's Law II or becomes subject to the registration requirements of Megan's Law II subsequent to the effective date of this article, then this article shall become applicable to that sexually violent predator upon the date the sexually violent predator is convicted of the new offense(s).
This article shall not be applicable to a sexually violent predator who lawfully established residence prior to the establishment of a school, library, child-care facility, common open space, community center, public park or recreational facility within 1,000 feet of that person's permanent or temporary residence, unless that person is subsequently convicted of the crimes or subsequently subject to the registration requirements set forth in Megan's Law II. If the sexually violent predator reoffends and is convicted under the crimes enumerated in Megan's Law II after the establishment of a school, library, child-care facility, common open space, community center, public park or recreational facility, then this article shall be applicable to the sexually violent predator on the date the sexually violent predator is convicted of the new offense(s).
The provisions of this article shall not be applicable to persons incarcerated in any facilities owned, maintained and/or operated by the County of Luzerne or Commonwealth of Pennsylvania.
Any person who is found to have violated this article shall, upon conviction, before a Magisterial District Justice, 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, court costs and the reasonable administrative costs and attorney's fees of the Borough. Each day that the sexually violent predator fails to move after the forty-five-day notice period shall constitute a new violation and shall be subject to the assessment of a separate fine.
The Harveys Lake Borough Police Department shall be charged with the enforcement of this article.
Harveys Lake Borough shall have prepared and retained at the Borough Office a map of Harveys Lake Borough depicting the areas where sexually violent predators are restricted from residing.