Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #08-07

AN ORDINANCE PROHIBITING SEX OFFENDERS FROM RESIDING AND/OR LOITERING NEAR CERTAIN FACILITIES WHERE CHILDREN CONGREGATE

WHEREAS, the New Jersey Legislature enacted the Registration and Community Notification Laws, N.J.S.A. 2C:7-1, et seq., commonly known as “Megan’s Law,” in 1994, which law requires certain convicted sex offenders to register their residency addresses with state law enforcement authorities, and, further, provides public access to the sex offender registry; and

WHEREAS, as specifically stated in N.J.S.A. 2C:7-1, Megan’s Law was enacted in response to “the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, and the dangers posed by persons who prey on others as a result of mental illness;” and

WHEREAS, in upholding the constitutionality of Megan’s Law, the New Jersey Supreme Court held in Doe v. Poritz, 142 N.J. 1, 89 (1995) that, with regard to the danger of recidivism posed by certain moderate and high risk convicted sex offenders, “[t]he state interest in protecting the safety of members of the public from [such] sex offenders is clear and compelling;” and

WHEREAS, the Council of the Township of Vernon agrees with the New Jersey Legislature and the New Jersey Supreme Court and finds that one of the highest priorities of local government is the protection of the health and safety of its residents, especially children; and

WHEREAS, the Council finds that the protection of the victims and potential victims of sexual offenders in the Township is a matter of unique local concern and one that is not fully or adequately addressed by Megan’s Law, as clearly evidenced by the number of bills currently pending in the New Jersey Legislature including: Assembly Bill A285/Senate Bill S77; Assembly Bill A409; Assembly Bill A514; Assembly Bill A526; Assembly Bill A624; and Assembly Bill A641, all of which address the issues of residency and/or loitering restrictions on moderate and high risk convicted sex offenders; and

WHEREAS, the Council finds that, pursuant to the Township’s police powers, and in the absence of State legislation regarding the same, steps must be taken to protect the health, safety and welfare of its residents, especially children, by addressing the shortfalls of Megan’s Law with regard to its complete lack of restrictions regarding where convicted sex offenders may live and/or loiter in relation to places and areas where children congregate;

WHEREAS, it is not the intent of the Council to further penalize certain convicted sex offenders; rather, the Council finds that this Ordinance is remedial in nature and designed to fill certain gaps in Megan’s Law. The Council further finds this Ordinance to be the most narrowly tailored means of fulfilling its compelling interest in the protecting the health, safety and welfare of its residents, especially children.

NOW, THEREFORE, THE COUNCIL OF THE TOWNSHIP OF VERNON DOES HEREBY ORDAIN:

Section 1. It shall be unlawful for a person subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) who has committed a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) and whose victim was under the age of 18 to reside in the Township of Vernon within 2500 feet of the real property comprising:

A. Any public or private school where the dominant school population is 18 years of age or younger;

B. Any day-care center;

C. Any day camp;

D. Any Township, county or state park;

E. Any public or commercial recreational facility clearly designed to attract children as a "playground;"

F. Any commercial recreational facilities frequented by young people, including theaters, bowling alleys, sports fields, exercise or sporting facilities;

G. Any convenience store; and

H. Any public library.

A map depicting the location and extent of the restricted areas shall be available for inspection and copying in the Municipal Clerk's office during normal business hours.

Section 2. The restrictions of Section 1 of this Ordinance shall not apply if:

A. The person meeting the definition set forth in Section 1 of this Ordinance is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within 2500 feet of the real property of the facilities identified in Section 1 of this Ordinance; or

B. The person meeting the definition set forth in Section 1 of this Ordinance is receiving treatment at a mental health facility located within 2500 feet of the real property of the facilities identified in Section 1 of this Ordinance; or

C. The person meeting the definition set forth in Section 1 of this Ordinance established the residence prior to the effective date of this act; or

D. A facility identified in Section 1 of this Ordinance is subsequently constructed within 2500 feet of the residence of a person meeting the definition set forth in Section 1 of this Ordinance.

Section 3. Any person meeting the definition set forth in Section 1 of this Ordinance, and who is not subject to an exemption as set forth in Section 2 of this Ordinance, who resides or lives within 2500 feet of any of the facilities listed in Section 1 within the Township shall have 60 days from receipt of written notice of the prohibition set forth in Section 1 of this Ordinance to move to a location that is not within 2500 feet of one of those facilities within the Township. Failure to so relocate as stated herein shall constitute a violation of this Section.

Section 4. In addition to the foregoing, an area encompassing 150 feet in all directions from any facilities identified in Section 1 of this Ordinance shall be established and defined as a "Brown Zone." No person identified in Section 1 of this Ordinance shall be permitted to stop, sit, stand or loiter within a Brown Zone for any period of time exceeding the amount of time reasonably necessary to engage in a legitimate activity within the Brown Zone, and only for the period of time actually engaging in that legitimate activity.

A map depicting the location and extent of the Brown Zones shall be available for inspection and copying in the Municipal Clerk's office during normal business hours.

Section 5. Each and every individual in violation of Section 1 or Section 3 of this Ordinance shall be subject to a fine not exceeding $1,250, which fine shall be at least $500, or shall be required to perform community service not to exceed 90 days for each offense, or shall be imprisoned for a term not exceeding 90 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense for which the individual was sentenced to pay a fine, the court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the court upon a repeat offender shall not be less than $500 nor more than $1,250, but shall be calculated separately from the fine imposed for the violation of this chapter.

Each and every individual in violation of Section 4 of this Ordinance shall be subject to a fine not exceeding $500, which fine shall be at least $200, or shall be required to perform community service not to exceed 30 days for each offense, or shall be imprisoned for a term not exceeding 30 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense for which the individual was sentenced to pay a fine, the court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the court upon a repeat offender shall not be less than $200 nor more than $500, but shall be calculated separately from the fine imposed for the violation of this chapter.

NOTICE

NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passes on the first reading meeting of the Township Council of the Township of Vernon, County of Sussex, State of New Jersey held in the Municipal Building on the 27th day of March, 2008, and the same came up for final passage at the regular meeting of the Township Council held on the 10th day of April, 2008, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of Vernon according to law.

________________________
Austin Carew, Mayor

_________________________
Andrea Bates
Acting Township Clerk