[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:
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.
Any area where children regularly congregate, including,
but not limited to, a child-care facility, community center, public
park or recreational facility, or school.
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.
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.
Any individual required to register under 42 Pa.C.S.A. § 9795.1(a),
(b)(1) or (2).
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
The person established the permanent residence prior to the date
of the enactment of this chapter;
(2)
Was a minor when he or she committed the offense and was not convicted
as an adult;
(3)
The school, child-care facility, community center, park, recreation
facility or library established subsequent to the establishment of
the sex offender's residence.
A.
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.
B.
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.
C.
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.
