The ACLU is suing Allegheny County over a local ordinance that prevents registered sex offenders from residing within 2,500 feet of any school, child care facility, recreation center, public park, or community center.

For more information on the ACLU suit, go to:

http://www.post-gazette.com/pg/08280/917912-100.stm

The history of the ordinance:

On June 19, 2007, Vince Gasteb proposed an ordinance that would serve to enhance the sex offender registration requirements of Megan’s Law. On October 23, 2007, Allegheny County Council passed the ordinance by a 13-0 vote. County Executive Dan Onorato signed the ordinance on October 29, 2007.

The ordinance at issue:

§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, 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, 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, Community Center, Public Park or Recreation Facility or School, the Allegheny County Police or other designated enforcement entity 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, 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, 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, Community Center, Public Park or Recreation Facility or School shall constitute a separate violation of the terms of this Chapter, subject to the limitations contained within §275-04. 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, 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 Permanent or 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, 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.

http://legistar.county.allegheny.pa.us/detailreport/Reports/Temp/1062008174916.pdf