[HISTORY: Adopted by the Township Council of Horsham Township 8-27-2007
by Ord. No. 2007-9. Amendments noted where applicable.]
The foregoing recitals[1] are herein incorporated by reference as though more fully set
forth at length.
[1]
Editor's Note: Said recitals are on file in the Township offices.
As used in this chapter, the following terms shall have the meanings
indicated:
A child day-care center, a group child day-care home or a family
child day-care home as those terms are defined by and as those facilities
are licensed, certified or registered in accordance with 55 Pa. Code Chapters
3270, 3280 and 3290.
Any publicly owned property or park in which active recreational
facilities, such as playgrounds or ballfields, are located.
A place where a person lives, abides, or lodges for 30 or more consecutive
or nonconsecutive days in a calendar year.
Any public or private school which provides educational services
to a minor. For the purpose of this chapter the term "school" shall include
private schools, including church-run schools and nursery schools which may
be exempt from state licensing under 22 Pa. Code Chapter 51, § 55.1;
provided that the church-run school must provide notice to the Township of
its existence by registering with the Township.
A place where a person lives, abides, or lodges for a period of less
than 30 days in the aggregate during any calendar year.
A.Â
The Horsham Township Council has reviewed the findings
of the Pennsylvania Legislature when it adopted Megan's Law II[1] 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 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.
[1]
Editor's Note: See 42 Pa.C.S.A. § 9791 et seq.
B.Â
It is the intent of this chapter to serve the Township's
compelling interest to promote, protect and improve the health, safety and
welfare of the citizens of the Township by creating areas around locations
where children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from residing or temporarily
residing.
C.Â
It is unlawful for any person who is convicted of a crime
against a minor which requires registration under 42 Pa.C.S.A. § 9795.1
of Megan's Law II (42 Pa.C.S.A. § 9791 et seq.), or who has
been adjudicated a violent sexual predator in accordance with Megan's
Law II, to reside or temporarily reside within 2,000 feet of any of the following:
D.Â
A person convicted of an offense under 18 Pa.C.S.A. § 5903(a)(3),
(4), (5) or (6) (relating to obscene and other sexual materials and performances
involving minors) which requires registration under Megan's Law II shall
be subject to the residency requirements of this chapter.
E.Â
For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence or temporary residence to the nearest outer property line of the school, library, child-care facility, park, or other facility listed in § 178-3C.
F.Â
Any person regulated by this chapter who resides or lives within 2,000 feet of any school, library, child-care facility, park, or other facility included in § 178-3C shall have 60 days from receipt of written notice from the Township of the prohibition set forth herein to move to a location not prohibited by this chapter. Failure to move to a location which is in compliance with this section within the sixty-day time period shall constitute a violation of this chapter.
If a person notified of a violation of this chapter fails or refuses to relocate within 60 days of the date of the notice, Horsham Township or any person residing or entity located within 2,000 feet of a facility listed in § 178-3C may bring suit in equity in the Court of Common Pleas of Montgomery County seeking injunctive relief and/or preliminary injunctive relief to require the sex offender or violent sexual predator to relocate.
A person residing within 2,000 feet of any school, public library, child-care facility, park, or other facilities listed in § 178-3C does not commit a violation of this chapter if one of the following applies:
A.Â
The person resided in the dwelling in question immediately
prior to adoption of this chapter and has maintained the dwelling as his or
her permanent residence continuously since the adoption of this chapter.
B.Â
The school, library, child-care facility, park, or other
protected facility located within 2,000 feet of the person's residence
or temporary residence was opened after the person established the residence.
The Council 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.
The Township Manager is hereby directed to have prepared and placed on the Township Web site a map of the Township depicting the areas where sex offenders that § 178-3C above applies to are restricted from residing on a permanent or temporary basis.
