Loading...
ORDINANCE 2005-19 (3)ORDINANCE 2005 -19 ORDINANCE AMENDING ORDINANCE 95 -36 ENTITLED "REVISED GENERAL ORDINANCES TOWNSHIP OF CHERRY HILL ", ADDING CHAPTER XXVI , MISCELLANEOUS PROVISIONS AND OFFENSES (Sex Offender Residency Prohibition) WHEREAS, the Township is deeply concerned about the numerous recent occurrences in this and other states, in which convicted sex offenders who have been released from custody repeat the unlawful acts for which they had originally been convicted; and WHEREAS, although Megan's Law requires registration of sex offenders, the legislation does not prohibit convicted sex offenders from residing or living near areas where children regularly meet and congregate; and WHEREAS, the Township finds it necessary in order to protect the health, safety and welfare of the children of the municipality to adopt additional regulations regarding convicted sex offenders; NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Cherry Hill, County of Camden and State of New Jersey that Ordinance 95 -36 entitled "Revised General Ordinance, Township of Cherry Hill ", Chapter XXVI, Miscellaneous Provisions and Offenses, is amended and supplemented as follows: Sec. 26 -1. Sex offender residency requirements. (a) Definitions Persons - Any individual convicted of a sex offense as defined in N.J.S.A. 2C:7 -2. Residence - Any place where a person lives either temporarily or permanently. (b) No person over the age of eighteen (18) who has been convicted of a violation of any crime against a minor as listed in N.J. S.A. 2C: 7 -2, and who as a result of said conviction is required to register with the appropriate authorities pursuant to N.J. S.A. 2C: 7 -1 et seq., Registration and Notification of Release of Certain Offenders, shall be permitted to reside or live within 2, 500 feet of any public or private school, park, playground, public library, or daycare center within the boundaries of the Township of Cherry Hill. (b) Any person who resides or lives within 2, 500 feet of any public or private school, park, playground, public 1ibrary, or daycare center in the Township who is required to register as a sex offender pursuant to N.J. S.A. 2C: 7 -2 shall have sixty (60) days from receipt of written notice from the Township Police Chief, or designee, to move from that residence. Failure to move to a location whir.' is in compliance with this Ordinance within the notice time period shall constitute a violation of this, Ordinance. (c) This Ordinance shall not be applied to any person defined as a sex offender in accorda with N.J. S.A. 2C: 7 -2 who has established a residence with the Township prior to date of adoption the within ordinance. Proof of residency prior to date of adoption of the within ordinance shall b required to be provided to the Township Police Chief, or designee. t (d) The Township shall adopt and approve a Map prepared by the Municipal Engineer which will establish and depict the location and boundaries of the area on or within 2,500 feet of any public or private school, park, playground, public library, or daycare center located in the Township. This Map shall be an Exhibit to this Ordinance and incorporated by reference into this Ordinance. This Map upon the adoption of this Ordinance shall become an official record of the Township to be maintained and filed with this Ordinance in the Township Clerk's Office. A true copy of the Ordinance and Map shall be provided at a reasonable cost to any person, Agency or Court which may, from time to time, request such a copy, together with a Certification from the Township Clerk that the Ordinance and Map is a true copy approved and adopted by the Township. This Map shall be updated on a periodic basis as required if the location of such Property changes in any respect. (e) It is understood that the Map included with and incorporated by reference as part of the adoption of this Ordinance was prepared for and is intended to be used as evidence in prosecutions for violation of this Ordinance and the Map shall constitute prima facie evidence of the following: (1) The location of each public or private school, public park, playground, public library, or daycare center located within the Township; (2) The boundaries of the real property so identified, (3) That the Property depicted on the Map is, and continues to be used for the identified purposes; and (4) The location and boundaries of areas which are or within 2,500 feet of such Property. (f) Any person violating the provisions of this Ordinance shall be subject to and punishable by a fine not to exceed $1,250.00 dollars; imprisonment for a term not to exceed ninety (90) days; or a period of community service not to exceed ninety (90) days. Each days continuance of the violation shall constitute a separate and distinct violation. INTRODUCED: SEPTEMBER 26, 2005 ADOPTED.: OCTOBER 11, 2005 � n GK'LJ BERNARD PLATT 1�'AAJG�f,V ' COUNCIL PRESIDENT ATTEST: l NANCY L. VAFFOS, TOWNSHIP CLERK COUNCIL AGENDA SUPPLEMENTAL INFORMATION SHEET COUNCIL ACTION REQUESTED: Ordinance on first reading. ACTION NEEDED BY: Adopt the attached Resolution regarding residence requirements for convicted sex offenders. DETAILED EXPLANATION OF REQUEST: This resolution prohibits convicted sex offenders from living within 2,500 feet of any public or private school, park, playground, public library, or daycare center within the Township of Cherry Hill. INITIATED AND APPROVED BY: LISA M. KMIEC, ESQUIRE Township Attorney , 2005 APPROVED BY: , 2005 MAYOR BERNARD PLATT