PA- Restrictions for sex offenders on hold

4-7-2008 Pennsylvania:

Trumbauersville has put on hold efforts to pass an ordinance restricting where registered sex offenders can live.

Borough officials said they are waiting either for the state to give municipalities authority or for a court decision to back up such a law.

Ed Child, president of Trumbauersville Council, said the Upper Bucks borough is too small, in size and budget, to take on a court case itself.

“We can't afford to fight the big fight,” he said.

Trumbauersville occupies less than a square mile and is home to about 1,000.

The borough began drafting a law to keep sex offenders from living near schools, day-care centers or other places children congregate in 2006 when many other local municipalities were passing or considering similar restrictions, Child said.

In February 2006, Hatboro passed rules limiting where registered sex offenders could live. Horsham, Richland, Hilltown, Quakertown, Dublin and Doylestown Township also have passed such ordinances.

Typically, these laws prevent offenders from living within 2,500 feet of schools, parks, playgrounds and day-care centers.

If Trumbauersville adopted those same parameters, sex offenders wouldn't be able to live anywhere in the borough, Child said. Even reducing the radius to 1,000 feet severely limits a sex offender's housing options.

On advice from the borough's solicitor, he said, “We decided to table our work until we can get better direction” from the state or federal government.

Several municipalities in New Jersey are embroiled in court cases over the legality of such ordinances.

Larry Smock, borough manager, said it would be “kind of silly” to pass an ordinance that would later be shot down in court.

Legal issues aside, Child said it's unclear how effective such a “feel-good law” would be anyway.

“What difference does it make how far away from (schools or parks a sex offender) can live ... when we can't control where they go?” he asked.

He pointed out that a sex offender can walk his dog in the park even if he lives 1,000 feet away.

With that consideration in mind, the borough briefly considered enforcing what Child jokingly called a “pervert-free zone.” Instead of restricting registered sex offenders by residence, it would have restricted where they could go.

Realizing they would have been in even murkier legal territory, Trumbauersville quickly dropped such plans. ..more.. by Theresa Hegel