Proposed P'burg law creates 'pedophile-free' districts

October 05, 2005

By SARAH CASSI
The Express-Times

PHILLIPSBURG -- Sex offenders living in town could soon be looking for new places to call home.

Town Councilman James Shelly plans to propose legislation at the end of October banning convicted sex offenders from living near places where children congregate.

Shelly said he plans to base the "pedophile-free zones" on a bill recently passed in Hamilton Township, N.J.

Hamilton Township is the hometown of Megan Kanka, the 7-year-old whose rape and murder by a convicted sex offender in 1994 spurred the passage of Megan's Law.

The Hamilton Township law bars anyone convicted of a sex offense against a child from living within 2,500 feet of schools, parks and playgrounds in the Mercer County community.

Shelly said he would expand Phillipsburg's ordinance to include recreation centers like the Joseph H. Firth Youth Center.

"Basically, they shouldn't be near children," Shelly said.

Shelly said the Hamilton Township law grandfathered in sex offenders living within the zones when the law was enacted. Shelly said he would not include that provision in his proposed legislation.

Under New Jersey's Megan's law, paroled pedophiles and other sex offenders must register their names and addresses with state police for their lifetime.

Shelly said enforcement could begin when a sex offender registers at the county level, but said follow-up enforcement could come from code enforcement. The councilman said he did not know how he will handle moving sex offenders who may live within the zones now.

Over 25 registered sex offenders are living in Phillipsburg, according to the state police Sex Offender Internet Registry.

Shelly said council has a responsibility to protect all Phillipsburg residents, and the ordinance would be an extension of that protection.

"I don't think we can wait any longer to protect our children," Shelly said. "Just knowing that a registered sex offender lives in your neighborhood -- that's a parent's nightmare."
 
Shelly said Hamilton Township's law hasn't been tested in court, but the town cannot wait to see if the ordinance passes a legal challenge.

"That one seems clean and neat," Shelly said of Hamilton Township's law. "I don't think we can wait any longer I think we'd all feel a terrible loss in the community if we don't enact this soon."

In other business, Mayor Harry Wyant told council Norfolk-Southern Railroad officials have given verbal agreement for an easement to work on the historic Morris Canal Arch.

The arch sits on a Norfolk-Southern Railroad right of way and, until recently, town officials were unable to acquire an easement.

Wyant said he is getting the easement put in writing and will send copies to the state Department of Transportation to ensure the $300,000 grant awarded for the arch work is not lost.

Shelly said the easement agreement is good news for the town.

"I think it's important we move as quickly as we can," Shelly said. "It's a marvel, if anybody has been down there, it's amazing."

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