[Ord. 507, 11/16/2005]
As used in this Part, the following terms shall have the meanings
indicated:
CHILD-CARE FACILITY
A licensed day-care center, licensed child-care facility
or any other child-care services facility exempt from licensing pursuant
to the laws of the Commonwealth of Pennsylvania.
COMMUNITY CENTER
A building and related facilities used for educational, social,
cultural, library or recreational activities.
OPEN SPACE
The area of land or water available and accessible for use
by the public and residents of the Township which is restricted from
future development for the purpose of protecting natural features
or for providing recreational opportunities for the residents of the
Township. Open space generally includes such land or area of land
that is regulated, maintained or owned by the Township and may include
steep slopes, floodplains and other significant features to be preserved.
PUBLIC PARK OR RECREATIONAL FACILITY
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 Township
or any other governmental agency, including the Council Rock School
District, the County of Bucks or the Commonwealth of Pennsylvania.
SCHOOL
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.
SEX OFFENDER
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,
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 the offenses as enumerated herein.
TOWNSHIP
The Township of Northampton, including its residents and
all land within its territorial boundaries.
[Ord. 507, 11/16/2005; as amended by Ord. 518, 9/19/2007]
1. 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., or
who has been convicted of a violation which requires registration
in another jurisdiction, to reside, lodge, abide or live within 2,500
feet of any school, child-care facility, open space, community center,
public park or recreational facility in the Township.
2. 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.
3. Such person who resides or lives within 2,500 feet of any school,
child-care facility, open space, community center, public park or
recreational facility 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 Part.
[Ord. 507, 11/16/2005]
This Part shall not apply to any person or sex offender who
has established a residence prior to the date of adoption of this
Part, and shall not apply if the school, child-care facility, open
space, community center, public park or recreational facility within
2,500 feet of the sex 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
Township after the adoption of this Part.
[Ord. 507, 11/16/2005; as amended by Ord. 561, 4/25/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 507, 11/16/2005]
All agencies and authorities within the Township, including,
but not limited to, the Northampton Township Police Department, have
full authority to enforce this Part, and impose such fines and other
penalties as necessary and appropriate.
