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Pittsburgh Post Gazette
Sex offenders could be banned from living near schools
Ordinance Script:
AN ORDINANCE
WHEREAS,
the Pennsylvania State Legislature adopted requirements for the
registration of sexual offenders (“Megan's Law”); and the
requirements are set forth at 42 Pa C.S.A. §9791, et.
seq.; and
WHEREAS, Megan's
Law requires that persons convicted of various offenses, and persons
adjudicated as a sexually violent predator, must register with the
Pennsylvania State Police for certain prescribed time periods in
accordance with a registration procedure as set forth in Megan’s
Law; and
WHEREAS, Megan's
Law does not contain any restrictions with respect to where persons
convicted of the crimes subject to registration or persons
adjudicated as sexually violent predators may reside; and
WHEREAS, the
Allegheny County Council finds that the danger of recidivism posed
by persons convicted of the crimes identified in Megan's Law and
persons adjudicated as sexually violent predators is of paramount
concern to the County's residents; and
WHEREAS, the
Pennsylvania General Assembly has found and the Council does find
that persons who have committed the violations referenced in Megan's
Law or who have been adjudicated as a sexually violent predator,
have a reduced expectation of privacy due to the public's interest
in maintaining its safety; and,
The Council of the
SECTION
1.
The
Allegheny County Code of Ordinances, Division 2, entitled
"County Government Operations," is hereby amended by the
addition of a new Chapter 275, entitled "Residence
Requirements; Registered Sex Offenders," as follows:
For
the purposes of this Chapter, the following words shall be defined
as provided in this Section, unless the context clearly indicates
otherwise:
A.
Child Care Facility. A
licensed day care center, child care facility or any other child
care service facility which may be exempt from licensing pursuant to
the laws of the
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 Allegheny County or any municipal government within Allegheny
County, which said Open Space is owned, regulated and/or maintained
by Allegheny County or any municipal government within Allegheny
County.
C.
Community Center. A building and related facilities 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.
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 requiring
registration of any type under the terms of Megan’s Law, 42 P.S.
§9791 et. seq., which
include, but are 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 Residence. 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
Residence.
§275-02.
Residency Restriction/Prohibition.
A.
It shall be unlawful for any Sex Offender to establish a
Permanent Residence or Temporary Residence within 2,500 feet of any
Child Care Facility, Common Open Space, Community Center, Public
Park or Recreational Facility, or School for the duration of his or
her registration under the terms of Megan's Law, 42 P.S. §9791 et. seq..
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 the Temporary Residence of the Sex Offender to the
nearest outer property line of a Child Care Facility, Common Open
Space, Community Center, Public Park or Recreational Facility, or
School.
§275-03.
Notice to Move.
A.
Upon determining that a Sex Offender resides in a Permanent
Residence or Temporary Residence within 2,500 feet of any Child Care
Facility, Common Open Space, Community Center, Public Park or
Recreation Facility or School, the Allegheny County Police shall
provide written notice of the violation to the Sex Offender.
B.
Any Sex Offender who resides in a Permanent Residence or
Temporary Residence within 2,500 feet of any Child Care Facility,
Common Open Space, Community Center, Public Park or Recreation
Facility or School shall, within forty-five (45) days of receipt of
written notice of the Sex Offender's non-compliance with this
Chapter, move from said location to a new location, provided that
said new location may not be within 2,500 feet of any Child Care
Facility, Common Open Space, Community Center, Public Park or
Recreation Facility or School within the County.
C.
Each day beyond the forty-five (45) days the Sex Offender
continues to reside within 2,500 feet of a Child Care Facility,
Common Open Space, Community Center, Public Park or Recreation
Facility or School shall constitute a separate violation of the
terms of this Chapter. Each
day that a Sex Offender shall move from one location in Allegheny
County to another that is within 2,500 feet of any Child Care
Facility, Common Open Space, Community Center, Public Park or
Recreation Facility or School shall also constitute a separate
violation of the terms of this Chapter.
§275-04.
Exceptions.
This
Chapter shall not apply:
A.
To any person who has established Permanent Residence prior
to the enactment of this Chapter; or
B.
To any person who has established a Temporary Residence for
which a lease or other rental contract was executed prior to the
enactment of this Chapter only for the duration of the term of that
lease or rental contract; or
C.
If the Child Care Facility, Common Open Space, Community
Center, Public Park or Recreation Facility or School within 2,500
feet of the Sex Offender's Permanent Residence or Temporary
Residence was established subsequent to the establishment of the Sex
Offender’s Permanent Residence or Temporary Residence.
§275-05.
Exemptions.
The
provisions of this Chapter shall not be applicable to persons
incarcerated in any facilities owned, maintained and/or operated by
Allegheny County or the Commonwealth of Pennsylvania.
§275-06.
Address Verification.
A.
At least once every six months, the Allegheny County Police
shall cross reference Allegheny County's Real Estate database with
the Pennsylvania State Police Megan's Law listings of Sex Offenders
residing within Allegheny County in order to verify Sex Offenders'
addresses. In every
instance in which the Sex Offender's address from the State Police
listings does not match the owner information contained within the
County's real estate website, the County Police shall determine the
reason for this discrepancy.
B.
The Allegheny County Police shall, at least once every
calendar year, visit the addresses for each Sex Offender residing
within Allegheny County from the State Police listings.
During the course of this visit, the County Police shall
verify:
1.
That the Sex Offender continues to reside at that address;
and
2.
That the address meets all minimum distance requirements set
forth in this Chapter.
C.
The Allegheny County Police shall, immediately in response to
any complaint indicating that a Sex Offender is residing in
Allegheny County in violation of the terms of this Chapter, visit
that Sex Offender. During
the course of this visit, the County Police shall verify:
1.
That the Sex Offender continues to reside at that address;
and
2.
That the Sex Offender's actual address matches the address
contained within the State Police's Megan's Law listings; and
3.
That the address meets all minimum distance requirements set
forth in this Chapter.
§275-07.
Penalties.
Any
person who violates the provisions of this Chapter shall, upon
conviction before a District Judge, be guilty of a summary offense
and sentenced to a tern of imprisonment of up to ninety (90) days
for each violation and shall be fined not more than One Thousand
Dollars ($1,000.00) for each violation, plus the costs of
prosecution.
§275-08.
Enforcement.
The
Allegheny County Police Department shall be charged with the
enforcement of this Chapter.
§275-09.
Publication.
The
Allegheny County Manager shall, by July 29, 2006, have prepared and
placed on the Allegheny County website a map of Allegheny County
depicting the areas where Sex Offenders are restricted from residing
in a Permanent Residence or Temporary Residence.
SECTION
2. Effective Date.
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