(a) Definitions. As used in this section:
(1) “Child Care Facility” means 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.
(2) “City” means the City of Johnstown, including its residents and all land within its territorial boundaries.
(3) “Community Center” means any building and/or related facilities used for educational, social, cultural or recreational activities.
(4) “Open Space” means the area of land or water available and accessible for use by the public and residents of the City which is restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for the residents of the City. Open space generally includes such land or area of land that is regulated, maintained or owned by the City, and may include steep slopes, floodplains and other significant features to be preserved.
(5) “Public Park” or “Recreational Facility” means any land, or tract of land, or facility used for passive or active recreation, including any playground, park, skate parks, athletic fields, and any other facility owned or operated by the City or any other governmental agency, including Cambria County or the Commonwealth of Pennsylvania, also including any and all fields regularly used by children for sporting contests including but not limited to little league baseball, football, soccer or basketball.
(6) “School” means 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.
(7) “Sex Offender” means any person, over the age of 18 years, who has been convicted of any sexual offense or crimes as defined in 42 Pa C.S.A. Section 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.
(b) Sexual Offender Residency Restrictions.
(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. Sections9791, 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 City.
(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 in the City 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 chapter.
(c) Exceptions to Residency Restrictions. This section shall not apply to any person or sex offender who has established a residence prior to the date of adoption of this section, 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 of lodging. The provisions of this subsection 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 City after the adoption of this section.
(d) Penalties. Any violation of this section shall be punishable by imprisonment for a term not exceeding 90 days and a fine not exceeding $1,000 for each violation, in addition to the costs of prosecution and attorney's fees.
(e) Enforcement. All agencies and authorities within the City, including but not limited to the Police Department, have full authority to enforce this section, and impose such fines and other penalties as necessary and appropriate.
(Ord. 4999. Passed 1-10-07.)