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Home My Public Portal AboutOrd. 05-44 No. 05-44 úÐrúmautc ú£ t4c lßúrúU£4 ú£ <ITartcrct, ~ ~ 3J ~ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET CREATING A NEW CHAPTER ENTITLED SEX OFFENDER RESIDENCY PROHIBITION WHEREAS, the Mayor and Council of the Borough ofCarteret are deeply concerned about the threat posed by resident convicted sex offenders to the Borough's children, the most vulnerable of the community citizens; and WHEREAS, there is presently no state law prohibiting convicted sex offenders from residing in close proximity to areas where young children often can not be under the immediate, direct supervision of their parents or guardians; and WHEREAS, the Governing Body has determined that it is in the public interest to adopt certain regulations to protect the health, safety and welfare of the Borough's children by prohibiting, to the extent possible, convicted sex offenders from residing in close proximity to such locations; and WHEREAS, pursuant to N.J.S.A. 40:48-1 the power to adopt ordinances for the public health, safety and welfare of the municipality and its residents is coterminous with the police power of the Legislature. BE IT ORDAINED by the Mayor and Council of the Borough of Carteret (the "Borough") that the Code of the Borough of Carteret is hereby amended and supplemented to create a new chapter entitled "SEX OFFENDER RESIDENCY PROHIBITION" to include the following: Section 1. A. Sex offender residency prohibition; 1,000 feet. 1. It shall be unlawful for any person subject to the registration requirements set forth in NJ.S.A. 2C:7-1 et seq., to reside within 1,000 feet of any public or private primary and/or secondary school or educational facility, park, playground or childcare facility within the Borough as delineated on the then approved Borough ofCarteret's Drug Free Park Zone/Drug Free School Zone Map. 2. A person who resides within any prohibited area established pursuant to the provisions of this ordinance shall have sixty (60) days from the effective date of this ordinance, or upon the termination of any residential lease entered into prior to the effective date of this ordinance and the term of which is not longer than one (I) year, whichever is latter, to relocate outside the prohibited area. Failure to move to a location which is in compliance with this section within the prescribed time period shall constitute a violation of this ordinance. 3. The provisions of this ordinance shall not apply to any person who has purchased property to be used as his/her primary residence prior to the effective date of this ordinance. 4. Any violation of this section shall be punishable by a fine not exceeding $1,250.00; imprisonment for a term not exceeding 90 days; a period of community service not exceeding 90 days. NO. Oli-44 PAGE 2 of 2 Section 2. All Ordinances or parts thereof inconsistent with the provision of this Ordinance are hereby repealed limited to the extent of any such inconsistency. Section 3. If any section, paragraph, sub-division, clause or provision of this Ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. Section 4 It is the intention ofthe Mayor and Council ofthe Borough of Carteret, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the Borough of Carteret. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," "chapter," or other appropriate word. Section 5. This Ordinance shall take effect sixty (60) days following its passage and publication as according to applicable law. ---~---- DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM NAPLES RIOS SITARZ x - hu.lil:<ltc Vote AB - Abs~nt NY· Not Voting XOR - IndictJtcs Vot~ 10 Overrule Veto r-b A<loptc<l on first rea<ling of the Council of the Borough orCarteret, N.J.. on _ August 25, 2005 September 22, 2005 ON ~~JN~AL~ Affidavit of PublicaûðD¡ Publisher's Fee $99.44 ~ffidavit Charge $25.00 I ! State of New Jersey} 55. ~~::~::::~r~:TY ANNETTE MADAMA./ ,'C of the Home News Tribune, a newspaper printed In Freehold, NJ ani!-pûbllshed In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 8130115. BOROUGH Of CARTERET ORDINANCE #05-44 AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET CREATING A NEW CHAPTER ENTITLED SEX OFFENDER RESIDENCY PROHIBITION WHEREAS, the Mayor and Council of the Borough of Carteret are deeply concerned about the threat poses by resident convicted sex offenders to the Borough's children, the most vulnerable of the wHË~~~. f~~~:ni~; ~~~ently no stðte law prohibit- ing convicted sex o#enders from residing in dose proximity to areas where young children often can not be under the immediate, direct supervIsion of their parents or guardians; and WHEREAS, the Governing Body has determined that it Îs In the public interest to adopt certain regulations to protect the health. safet):' and wel- ~~t~~: ~~~sFbï~~~~~~¡ct~~d::~ obfle~d~~~b~~~~ ~~:i~~ ing in élose proximity to such locations; and WHEREAS, PURSUANT TO N.J.SA 40:48-1 the power to adopt ordinances for the public health, safety and welfare of the municipality and its resi- dents is coterminous with the police power of the Legislature. BE IT ORDAINED by the Mayor and Council of the Borough of Carteret (the "Borough") that the Code of the Borough of Carteret is hereby amend- :~t¡~I~~ ~,u¡t~e~~~1e~D~oR cRËSW)EaNé'~wpÄ~~~r_ nON" to include the following: Section 1 A. Sex offender residency prohibition; 1,000 feet. 1. It shall be unlawful for an~ person ~~?j~~:t~O i~heN~1~~r2~~9_íe~~Ir:e~.~n~~ reside within 1,000 feet of any public or private primary and/or secondary school or educational facility, park, play- ground or childcare facility within the Borough as delineated on the then ap- proved Borough of Carteret's Drug Free Park Zone/Drug Free School Zone Map. 2. A person who resides within any pro- hibited area established pursuant to the provisions of thIs ordinance shan have ~it\~i~6~ld~a¡nsc~~0~ ~~~nerh~t~~;~i~~~ ~~~ro~:t~;e:;~e~t~~~ I~:~: ~ft~hi~d ~~J~ nance and the term of which is not longer that one (1) year, whichever is latter, to relocate outside the prohibited area. Failure to move to a location which is in compliance with this section within the prescribed time period shall consti- tute a violation of this ordinance. 3. The provisions of this ordinance shall ~h~s:~P~r¿~e~~y tgeb~o~s:dh~s h~i~fhu:; ~~~a~r thí~j~;dinea~~~r to the effective 4. Any violation of this section shall be punishable by a fine not exceeding ~ /' A.D., 2005 l ~~~ i lli 011R(~ Sworn and subscribed before me this 30th day of August. A.D., 2005 $1,250.00: imprisonment for a term not exceedine; 90 days: a period of commu- nity servIce not exceeding 90 days. Section 2. All Ordinances or parts thereof inconsis- tent with the provision of this Ordinance are hereby repealed limited to the ex- tent of any such inconsistency. Section 3. If any section. paragraph, sub-division. clause or provision of this Ordinance is adjudged invalid, such adjudication shaU apply only to the section, paragraph, sub-division, clause or provision so ad- judged and the remainder of this ordi- nance shall be deemed valid and effec- tive. Section 4. It is the intention of the Mayor and Council of the Borough of Carteret, and it is hereby ordained that the provi- sions of this ordinance shall become and be made a part of the Code of the Borough of Carteret. The sections of this Ordinance may be renumbered or relettered to accomplish such intention and the work "ordinance" may be changed. to "section," "article," "chapter..' or o~il-=. a..,pr.:.pdðt.c '."c~d. Section 5. This Ordinance shall take effect sixty ~60) days followin¡¡: its passage and pub- lication as according to applicable law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held August 25, 2005 when it was adopted on first Reading. The said ordimmce will be further consid- ered on Second Reading for final adoption at a meetin¡¡: of said Council of the Borough of Carteret on September 22, 2005 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Ave- nue, Carteret. New Jersef( at which time and place f~ g:r~~~;d:nterested wi be given an opportunity KATHLEEN M. BARNEY Certified Municipal Clerk ($99.44) 16108 BOROUGH OF CARTERET ORDINANCE #05-44 "AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODe OF THE BOROUGH OF CARTERET CREATING A NEW CHAPTER ENTITLED SEX OFFENDER RESIDENCY PROHIBITION" APPROVED AND ADOPTED: FNf~1fDbÚégö: 2005 ~~~~i:id ~~Oa5dO ed on first reading w~ notice 01 Publrc Hearing: August 3D, 2005 ~:;[~':n\~re~dj, 2005 ADp'Dved BY' MAYOR, DANIEL J. REIMAN Advertised 8S finally ~~~f:~~er 29, 2005 KATHLEEN M. BARNEY MUNICIPAL CLERK ($15.84) 16306