[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove 1-13-2011 by Ord. No. 399. Amendments noted where applicable.]
The foregoing recitals are herein incorporated by reference as though more fully set forth at length.
As used in this chapter, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A licensed day-care center, child-care facility or any other child-care service facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
- CHILD SAFETY ZONE
- Any area where children regularly congregate, including, but not limited to, a child-care facility, community center, public park or recreational facility, or school.
- COMMUNITY CENTER
- A building and its related facilities used for education, social, cultural or recreational activities, which is operated by a not-for-profit entity.
- Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around an area.
- PUBLIC PARK or RECREATIONAL FACILITY
- Any land, or tract of land, or facility used for passive or active recreation, including any playground, park, skate park, athletic field, swimming pool, and any other facility owned or operated by the Borough or any other governmental agency or not-for-profit organization, including Schuylkill County or the Commonwealth of Pennsylvania.
- A location where an individual resides or is domiciled or intends to be domiciled for 14 consecutive days or more during a calendar year.
- Any educational building or facility, whether public or private, that provides educational services, including secondary schools, trade or professional institutions or institutions of higher education.
- SEX OFFENDER
- Any individual required to register under 42 Pa.C.S.A. § 9795.1(a), (b)(1) or (2).
- 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, residence or place where the person routinely lives, abides, lodges, or resides.
The Council of the Borough of Pine Grove has reviewed the findings of the Pennsylvania Legislature when it adopted Megan's Law II as well as resource materials from the Criminal Justice Information Services Division of the Federal Bureau of Investigation and the Center for Sex Offender Management (www.csom.org,) as established in June, 1997 as a collaborative effort of the Office of Justice Programs, the National Institute of Corrections and the State Justice Institute and administered by the Center for Effective Public Policy and the American Probation and Parole Association, the goal of which is to enhance public safety by preventing further victimization through improving the management of adult and juvenile sex offenders who are in the community. The Council of the Borough of Pine Grove finds that repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
It is the intent of this section to serve the Borough's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Borough by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
It shall be unlawful for any sex offender or other person who has been convicted of a violation which requires registration to reside, lodge, abide or live, in either a residence or temporary residence within 1,000 feet of any school, child-care facility, community center, public park, recreation facility or library in the Borough.
For the purpose of determining the minimum distance separation, the requirements shall be measured by following a straight line from the outer property line of the residence of the sexual offender to the nearest outer property line of a school, child-care facility, community center, public park, recreation facility or library.
Violations and penalties. A person who violates the provisions of this chapter shall, upon conviction before a Magisterial District Judge, be sentenced to a term of imprisonment of not more than 90 days and shall be fined not more than $1,000 for each violation, plus the cost of prosecution and reasonable attorneys' fees.
Exceptions. A person residing within 1,000 feet of any school, child-care facility, park or playground does not commit a violation of this section if any of the following apply:
The person established the permanent residence prior to the date of the enactment of this chapter;
Was a minor when he or she committed the offense and was not convicted as an adult;
The school, child-care facility, community center, park, recreation facility or library established subsequent to the establishment of the sex offender's residence.
It shall be unlawful for any sex offender or other person who has been convicted of a violation which requires registration to knowingly loiter on a public way within 300 feet of a child-care facility, community center, public park or recreation facility and school.
A sex offender, shall not, on any date set by the Borough, for trick-or-treaters between the hours of 4:00 p.m. and 11:00 p.m. leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises.
Any person who violates the provisions of this chapter shall, upon conviction before a Magisterial District Judge, be sentenced to a term of imprisonment of not more than 90 days and shall be fined not more than $1,000 for each violation, plus the cost of prosecution and reasonable attorneys' fees.
The Council of the Borough of Pine Grove shall supply or cause to be supplied to the Pennsylvania Board of Probation and Parole a duly certified copy of this chapter to inform the state and county prison and probation and parole personnel about the limitations on residence set forth in this chapter.
If any section, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
The Pine Grove Borough Police Department or any other recognized law enforcement agency shall be charged with the enforcement of this chapter.
This chapter shall become effective immediately upon adoption.