- Sun Nov 29, 2009 9:30 am
#308203
This is an Ordinance from Aston. Not that instilling same in your Borough, at this time, will help your present situation, but it may help for the future.
ASTON TOWNSHIP
CHAPTER 690
Sex Offender Residency Restrictions
690.01 Definitions.
690.02 Residency Restriction/Prohibition.
690.03 Notice to Move.
690.04 Exceptions.
690.05 Penalties.
690.06 Enforcement.
690.07 Publication.
690.08 Inclusion.
690.09 Severability.
690.10 Effective Date.
690.01 DEFINITIONS
a) Child Care Facility. A licensed daycare center, child care facility or any other child care services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
b) Common Open Space. The area of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of Aston Township which said open space is regulated, maintained and/or owned by Aston Township.
c) Community Center. A building and related facility used for educational, social, cultural or recreational activities.
d) Permanent Residence. A place where a person lives, abides, lodges or resides for fourteen (14) or more consecutive days.
e) Public Park or Recreational Facility. Any recreational facility, playground or park, owned or operated by the Township or any other governmental agency including, but not limited to, the Penn Delco School District, County of Delaware or the Commonwealth of Pennsylvania.
f) School. Shall mean any public or private school which provides education services to a minor.
g) Sex Offender. Shall mean any person over the age of eighteen (18 ) years of age, who has been convicted of any crime against a minor identified in §9795.1 which includes, but is not limited to, kidnapping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of children, unlawful contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault and individuals convicted of any attempt to commit any of the offenses enumerated therein.
h) Temporary Residents. A place where a person lives, abides, lodges, or resides for a period of less than fourteen (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 address.
690.02 RESIDENCY RESTRICTION/PROHIBITION
a) It shall be unlawful for any sex offender to establish a permanent or temporary residence within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility.
b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, child care facility, common open space, community center, public park or recreational facility.
690.03 NOTICE TO MOVE
Any sex offender who resides on a permanent or temporary basis within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility shall within forty-five (45) days of receipt of written notice of the sex offender’s non-compliance with this Ordinance, may move from said location to a new location, but said location may not be within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility within the Township. It shall constitute a continuing violation for each day beyond the forty-five (45) days the sex offender continues to reside within 1000 feet of a school, child care facility, common open space, community center, public park or recreational facility. Furthermore, it shall be a violation each day that a sex offender shall move from one (1) location of the Township to another that is within 1000 feet of the school, child care facility, common open space, community center, public park or recreational facility.
690.04 EXCEPTIONS
This Ordinance shall not apply to any person who has established residency prior to April 1, 2006, and shall not apply if the school, child care facility, common open space, community center, public park or recreational facility within 1000 feet of the sex offender’s permanent residence was established subsequent to the establishment of the sex offender’s permanent residence.
690.05 PENALTIES
Any person who violates the provisions of this Ordinance shall, upon conviction, before a District Judge, be sentenced to a term of imprisonment up to ninety (90) days and shall be fined not more than an amount which shall be determined by the Board of Commissioners for time to time by resolution for each violation, plus the cost of prosecution and reasonably attorney’s fees.
690.06 ENFORCEMENT
The Aston Township Police Department shall be charged with the enforcement of this Ordinance.
690.07 PUBLICATION
The Township Manager is hereby directed by April 19, 2006 to have prepared and placed on the Township’s Website a map of the Township depicting the areas where sex offenders are restricted from residing on a permanent or temporary basis.
690.08 INCLUSION
It is the intent of the Board of Commissioners of Aston Township that the provisions of this Ordinance shall become and be made a part of the Code of the Township and the sections of this Ordinance may be renumbered or re-lettered and the word Ordinance may be changed to “section” or “article” or such other appropriate word or phrase in order to accomplish the intention of the Board.
690.09 SEVERABILITY
The provisions of this Ordinance are severable. If any section, clause, sentence, part or provision hereof shall be determined to be illegal, invalid or unconstitutional by any Court of competent jurisdiction, such decision of the Court shall not impair or affect any remaining provisions of the Ordinance, it being the intention of the Board of Commissioners that it would have adopted this Ordinance even if the offending language had not been included.
690.10 EFFECTIVE DATE
This Ordinance shall be effective May 1, 2006.
(Ord. 834 Passed 4-19-06)
ASTON TOWNSHIP
CHAPTER 690
Sex Offender Residency Restrictions
690.01 Definitions.
690.02 Residency Restriction/Prohibition.
690.03 Notice to Move.
690.04 Exceptions.
690.05 Penalties.
690.06 Enforcement.
690.07 Publication.
690.08 Inclusion.
690.09 Severability.
690.10 Effective Date.
690.01 DEFINITIONS
a) Child Care Facility. A licensed daycare center, child care facility or any other child care services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.
b) Common Open Space. The area of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of Aston Township which said open space is regulated, maintained and/or owned by Aston Township.
c) Community Center. A building and related facility used for educational, social, cultural or recreational activities.
d) Permanent Residence. A place where a person lives, abides, lodges or resides for fourteen (14) or more consecutive days.
e) Public Park or Recreational Facility. Any recreational facility, playground or park, owned or operated by the Township or any other governmental agency including, but not limited to, the Penn Delco School District, County of Delaware or the Commonwealth of Pennsylvania.
f) School. Shall mean any public or private school which provides education services to a minor.
g) Sex Offender. Shall mean any person over the age of eighteen (18 ) years of age, who has been convicted of any crime against a minor identified in §9795.1 which includes, but is not limited to, kidnapping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of children, unlawful contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault and individuals convicted of any attempt to commit any of the offenses enumerated therein.
h) Temporary Residents. A place where a person lives, abides, lodges, or resides for a period of less than fourteen (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 address.
690.02 RESIDENCY RESTRICTION/PROHIBITION
a) It shall be unlawful for any sex offender to establish a permanent or temporary residence within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility.
b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, child care facility, common open space, community center, public park or recreational facility.
690.03 NOTICE TO MOVE
Any sex offender who resides on a permanent or temporary basis within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility shall within forty-five (45) days of receipt of written notice of the sex offender’s non-compliance with this Ordinance, may move from said location to a new location, but said location may not be within 1000 feet of any school, child care facility, common open space, community center, public park or recreational facility within the Township. It shall constitute a continuing violation for each day beyond the forty-five (45) days the sex offender continues to reside within 1000 feet of a school, child care facility, common open space, community center, public park or recreational facility. Furthermore, it shall be a violation each day that a sex offender shall move from one (1) location of the Township to another that is within 1000 feet of the school, child care facility, common open space, community center, public park or recreational facility.
690.04 EXCEPTIONS
This Ordinance shall not apply to any person who has established residency prior to April 1, 2006, and shall not apply if the school, child care facility, common open space, community center, public park or recreational facility within 1000 feet of the sex offender’s permanent residence was established subsequent to the establishment of the sex offender’s permanent residence.
690.05 PENALTIES
Any person who violates the provisions of this Ordinance shall, upon conviction, before a District Judge, be sentenced to a term of imprisonment up to ninety (90) days and shall be fined not more than an amount which shall be determined by the Board of Commissioners for time to time by resolution for each violation, plus the cost of prosecution and reasonably attorney’s fees.
690.06 ENFORCEMENT
The Aston Township Police Department shall be charged with the enforcement of this Ordinance.
690.07 PUBLICATION
The Township Manager is hereby directed by April 19, 2006 to have prepared and placed on the Township’s Website a map of the Township depicting the areas where sex offenders are restricted from residing on a permanent or temporary basis.
690.08 INCLUSION
It is the intent of the Board of Commissioners of Aston Township that the provisions of this Ordinance shall become and be made a part of the Code of the Township and the sections of this Ordinance may be renumbered or re-lettered and the word Ordinance may be changed to “section” or “article” or such other appropriate word or phrase in order to accomplish the intention of the Board.
690.09 SEVERABILITY
The provisions of this Ordinance are severable. If any section, clause, sentence, part or provision hereof shall be determined to be illegal, invalid or unconstitutional by any Court of competent jurisdiction, such decision of the Court shall not impair or affect any remaining provisions of the Ordinance, it being the intention of the Board of Commissioners that it would have adopted this Ordinance even if the offending language had not been included.
690.10 EFFECTIVE DATE
This Ordinance shall be effective May 1, 2006.
(Ord. 834 Passed 4-19-06)
'Live without pretending, love without depending, listen without defending, speak without offending.'