July 15, 2008 - 2:55pm
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Lampitt, DeAngelo: Ruling on Pedophile-Free Zones Shows Need for Statewide Law

LAMPITT, DEANGELO: RULING ON PEDOPHILE-FREE ZONES
SHOWS NEED FOR STATEWIDE LAW

(TRENTON) - Assembly members Pamela R. Lampitt and Wayne DeAngelo said today's state appeals court decision upholding the invalidation of ordinances aimed at prohibiting registered sex offenders from living near schools and playgrounds proves the need for statewide law permitting municipal governments to take such precautionary steps to protect children.

The lawmakers have sponsored legislation (A-641) that would allow local governments to enact such protective measures.

"Communities like Cherry Hill support predator-free zones because residents deserve iron-clad assurances that their children's safety is paramount," said Lampitt (D-Camden). "Towns should be allowed to enact ordinances that aim to protect kids from the clutches of sex offenders."

The ruling upheld a lower-court finding that threw out ordinances in Cherry Hill and Galloway Township that created exclusionary zones around schools, parks, and playgrounds where sex offenders could not reside. In its decision, the three-judge appeals panel said that the local rules were pre-empted by Megan's Law, which is silent on the issue of predator-free zoning.

Under the Lampitt/DeAngelo measure, local ordinances prohibiting a Megan's Law registrant from residing up to 2,000 feet from places such as schools, parks, or playgrounds would be allowed to stand. The bill would ensure that such ordinances could not be manipulated to create a zoning scheme that would effectively block a sex offender from residing anywhere in a given municipality.

"The statutory silence on pedophile-free zones is a legal void that must be filled," said DeAngelo (D-Mercer), who championed a predator-free-zone ordinance as a member of the Hamilton Township council. "Individual communities should be empowered to make the decision as to whether a predator-free-zone makes sense."

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DROSEMAN can be reached via email at droseman@njleg.org.