State ruling leads West Amwell to review sex offender limits

By Linda Seida
   WEST AMWELL — The township has asked its attorney to review an ordinance that limits where convicted sex offenders may live because it may have to be revoked.
   The request comes about a month after a three-judge panel of the state Superior Court Appellate Division struck down similar ordinances in two other New Jersey municipalities, Cherry Hill and Galloway in Camden and Atlantic counties.
   The court said the state’s Megan’s Law is comprehensive and trumps local ordinances.
   Megan’s Law contains provisions for notifying neighborhood residents that a convicted offender has moved in. Unlike the local ordinances under fire, there are no restrictions on where the offenders may live after they have served their sentence.
   West Amwell’s Township Committee unanimously passed an ordinance in 2006 banning convicted sex offenders from living within 2,500 feet of any park, playground or day-care center.
   The township’s law is similar to ordinances passed by Cherry Hill and Galloway, which prohibit convicted sex offenders from living within 2,500 feet of a school, playground or park or other place where children congregate.
   West Amwell’s ordinance also prohibits a convicted sex offender from mingling with any child, even his own, on Halloween. A convicted offender also must be inside his residence no later than 6 p.m. on Halloween and is barred from answering his door when trick-or-treaters knock. Also, a convicted offender may not attend any Halloween parties where children are present for the entire 24 hours of Halloween.
   Township Attorney Philip Faherty declined to comment until he had completed a review of the ordinance.
   New Jersey State Police maintain a registry of convicted sex offenders. It does not list any offender in West Amwell, but the registry does not list all offenders. No sex offender was on the list when the ordinance was passed, but township officials at the time said they wanted to provide an extra layer of protection for children.
   Sex offenders are classified by the state police as Tier 1, Tier 2 or Tier 3. Those classified as Tier 1 carry the least risk of recidivism and are not included in the registry. Those designated Tier 2 pose a moderate risk and are included in the registry except for “certain exceptions,” according to the state police Web site. Tier 3 carries the highest risk.