[HISTORY: Adopted by the Council of the Borough
of Baden 8-15-2007 by Ord. No.
902. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Baden, including its residents and all land
within its territorial boundaries.
A licensed day-care center, licensed child-care facility
or any other child-care services facility exempt from licensing by
the laws of the Commonwealth of Pennsylvania.
The area of land or water available and accessible for use
by the public and residents of the Borough which is restricted from
future development for the purpose of protecting natural features
or for providing recreational opportunities for the residents of the
Borough. Open space generally includes such land or area of land that
is regulated, maintained or owned by the Borough, or by community
associations, and may include steep slopes, floodplains and other
significant features to be preserved.
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.
Also defined as a "group residential facility" in the Borough's
Zoning Code;[1] a facility that provides room, board and limited supervised
health, social or rehabilitative services to people, because of age,
infirmity, convalescence, disability or related circumstances, that
require specialized accommodations but who are not in need of hospitalization
or incarceration.
Any land, or tract of land, or facility used for passive
or active recreation, including any playground, park, skate parks,
athletic fields or any other facility owned or operated by the Borough
or any other governmental agency, including the Ambridge Area School
District, the County of Beaver or the Commonwealth of Pennsylvania.
Any educational building or facility that provides educational
services to a minor child, as defined by the laws of the Commonwealth
of Pennsylvania, including any public or private facility.
Any person, over the age of 18 years, who has been convicted
of any sexual offense or crime as defined in 42 Pa.C.S.A. § 9795.1,[2] including, but not limited to, kidnapping where the victim
is a minor, institutional sexual assault, indecent assault, incest,
prostitution and related offenses, sexual abuse of a child, unlawful
contact with a minor, sexual exploitation of a minor, rape, involuntary
deviate sexual intercourse, sexual assault, and aggravated indecent
assault. "Sex offender" shall also include any individuals convicted
of any attempt to commit offenses as enumerated herein.
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.
It shall be unlawful for any sex offender or other person over the
age of 18 years who has been convicted of a violation which requires
registration pursuant to 42 Pa.C.S.A. § 9791 et seq.,[1] or who has been convicted of a violation which requires
registration in another jurisdiction, to reside, lodge, abide or live
within 1,000 feet of any school, child-care facility, open space,
community center, personal care home, public park or recreational
facility in the Borough.
[1]
Editor's Note: 42 Pa.C.S.A. §§ 9791 and
9792 expired 12-20-2012 pursuant to 42 Pa.C.S.A. § 9799.41.
B.
For the purpose of determining the minimum distance separation, the
distance shall be measured by following a straight line from the outer
property line of the residence or lodging of the sex offender to the
nearest outer property line of the school, child-care facility, open
space, community center, public park or recreational facility.
C.
Such person who resides or lives within 1,000 feet of any school,
child-care facility, open space, community center, public park or
recreational facility in the Borough shall have 60 days from receipt
of written notice of the prohibition set forth herein to move. Failure
to move to a location which is in compliance with this section within
that time period shall constitute a violation of this chapter.
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 chapter, 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, personal
care home, public park or recreational facilities within the Borough.
It shall constitute a continuing violation for each day beyond the
45 days the sex offender continues to reside within 1,000 feet of
a school, child-care facility, common open space, community center,
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, personal care home, public park
or recreational facilities.
This chapter shall not apply to any person or sex offender who
has established a residence prior to the date of adoption of this
chapter and shall not apply if the school, child-care facility, open
space, community center, personal care home, public park or recreational
facility within 1,000 feet of the sexual offender's residence
or lodging was established subsequent to the establishment of the
sex offender's residence or lodging. The provisions of this section
shall not apply to any person or sex offender who has established
a residence or lodging and then relocates to a different residence
or lodging within the Borough after the adoption of this chapter.
Any violation of this chapter shall be punishable by imprisonment
for a term not exceeding 90 days and a fine not exceeding $1,000 for
each violation, in addition to the costs of prosecution and attorneys'
fees.
All agencies and authorities within the Borough, including,
but not limited to, the Baden Borough Police Department, have full
authority to enforce this chapter and impose such fines and other
penalties as necessary and appropriate.
The provisions of this chapter are severable. If any section,
clause, sentence, part or provision of this chapter shall be determined
to be illegal or invalid by any court of competent jurisdiction, such
decision shall not impair or affect the remaining terms, sections
and clauses of this chapter.
