[HISTORY: Adopted by the Borough Council of the Borough of
Harveys Lake as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
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.
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.
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.
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 "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.
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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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).
B.Â
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).
C.Â
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.
