Chapter 70A. Sex Offender Residency Prohibition

CHAPTER 70A SEX OFFENDER RESIDENCY PROHIBITION

§ 70A-1. DEFINITIONS

§ 70A-2. RESIDENCY/PENALTY

§ 70A-3. MAP

§ 70A-4. REPEALER

§ 70A-5. SEVERABILITY

§ 79A-6. WHEN EFFECTIVE

[HISTORY: Adopted by the Township Council of the Township of Gloucester on 01-09-06 by Ordinance O-06-01]

BE IT ORDAINED by the Township Council of the Township of Gloucester, County of Camden, State of New Jersey, as follows:

§ 70A-1. DEFINITIONS:

MEGAN’S LAW - Refers to N.J.S.A. 2C:7-1 et seq.

PERSONS: As used in this Ordinance refers to any individual over the age of 18 years who has been convicted of any crime against a minor as set forth in N.J.S.A. 2C:7-2.

RESIDENCE: As used in this Ordinance refers to any place where a person resides, lives and or occupies either temporarily or permanently.

§ 70A-2. RESIDENCY:

A.No person over the age of 18 years who has been convicted of a violation of any crime against a minor as set forth in N.J.S.A.2C:7-2, and who as a result of such conviction is required to register with the appropriate authority pursuant to N.J.S.A.2C:7-1 et seq., shall be permitted to reside and or live within 2,500 feet of any public or private school or day-care center, public park or playground or other recreation center or facility, church or place of worship located within the boundaries of the Township of Gloucester.

B.Any person over the age of 18 years of age, who has been convicted of any crime against a minor as set forth in N.J.S.A.2C:7-1 et seq., and is caught loitering within 300 feet of any public or private school or day-care center, public park or playground or other recreation center or facility, church or place of worship located within the boundaries of the Township of Gloucester is a violation of the Ordinance.

C. Any person over the age of 18 years who has been convicted of a violation of any crime against a minor as set forth in N.J.S.A.2C:7-1 et seq., and who resides and lives within 2,500 feet of any public or private school or day care center, public park or playground or other recreation center or facility, church or place of worship shall have 60 days from the receipt of written notice from the Gloucester Township Chief of Police or such other person as the Chief of Police shall designate, to move from that residence.

D. Any person who, after receipt of notice from the Gloucester Township Chief of Police, or such other person designated by the Chief of Police, shall fail to move to a new residence or location with the 60 day time period shall be in violation of this Ordinance.

E. This Ordinance shall not apply to any person defined a sex offender pursuant to N.J.S.A.2C:7-2 who has established a permanent residence within the boundaries of the Township of Gloucester prior to January 1st, 2006. Proof of permanent residency having been established prior to January 1st, 2006 shall be required to be produced to the Gloucester Township Chief of Police. This exception shall not apply to temporary residence.

F. Any person violating the provisions of this Ordinance shall be subject to and punished by a fine of $1,000.00, and or by imprisonment in the Camden County Jail for a period not to exceed ninety days, or both. Each day’s continuance of the violation shall constitute a separate and distinct violation.

§ 70A-3 MAP:

A. The Township of Gloucester shall adopt and approve a Map prepared by the Township Engineer, which may be amended from time to time, which shall establish and depict the location and boundaries of the area on or within 2,500 feet of any public or private school or day-care center, public park or playground or other recreation center or facility, church or place of worship. The Map shall become an official record of the Township of Gloucester and shall be maintained and filed with this Ordinance. A true copy of this Ordinance and Map shall be maintained in the Office of the Township Clerk.

B. It is the intent of this Ordinance that the Map to be included with and incorporated as a part of this Ordinance, once prepared, adopted by the Township Council and filed with the Office of Township Clerk shall be used as evidence in prosecutions for violation of this Ordinance.

C. The Map to be included with and incorporated as part of this Ordinance, and any amendment thereto, once prepared and adopted by the Township Council and filed with the Office of the Township Clerk shall constitute prima facie evidence of the following:

1. The location of each public or private school or day-care center, public park or playground or other recreation center or facility, church or place of worship.

2. The boundaries of the real property so identified.

3. The property so identified is and continues to be used for the identified purpose.

4. The location and boundary of areas of property within the 2,500 feet regulated.

§70A-4. REPEALER:

All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§70-5. SEVERABILITY:

If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions of this Ordinance.

§70-6. WHEN EFFECTIVE:

This Ordinance shall take effect immediately upon final passage and publication as required by law.