Sunbury Police Chief Steve Mazzeo said Tuesday that police will enforce the city's ordinance prohibiting sex offenders from living or loitering within 1,000 feet of areas where children congregate. As a result, a convicted sex offender who went with her family to a community event in a city park may be cited for taking part in the excursion.

Mazzeo and the police should enforce the law -- even if it seems to stand on shaky legal footing. A ruling by a panel of New Jersey appellate court judges spells out many of the flaws. The judges said similar bans in two New Jersey communities were illegal, in part, because they were more burdensome than the state's Megan's Law. The judges reasoned that -- due to the extensive amount of regulation in Megan's Law -- if residency requirements were legal, they would have been included too.

The judges had other relevant hooks to hang their hats on though. One of the responsibilities of parole officers is to ensure that offenders are found suitable housing upon their release from prison. In one New Jersey community, the local ordinance made it impossible for offenders to live anywhere within the municipality. As a result, the ordinance interfered with the parole officers' ability to do their jobs, the judges said. Banning sex offenders from living in certain areas could also make it more difficult for them to readjust to life following their convictions -- and so contribute to social isolation that could lead to further criminal activity.

The Sunbury ordinance is more restrictive than those overturned in New Jersey in one key respect -- the city ordinance forbids "loitering" in targeted areas. By definition, loitering means "lingering in a place for no lawful purpose," and it is typically used to target criminals, such as drug dealers or prostitutes. Mazzeo has expressed reservations about forcing police to determine when a sex offender is loitering or going about everyday business. The New Jersey case suggests that if the city ordinance is challenged, it may be overturned. The chief seems to have wisely decided to leave the decision up to judges.