[HISTORY: Adopted by the Town Board of the
Town of Fenton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-2006 by L.L. No. 4-2006]
This article is enacted pursuant to the New
York Municipal Home Rule Law, which enables local governments to adopt
local laws relating to their property, affairs, or government, so
long as the local laws are not inconsistent with the New York Constitution
or any general law of New York State. The New York Municipal Home
Rule Law also authorizes local governments to adopt local laws regulating
the protection, order, conduct, safety, health and welfare of the
persons within the local municipality. It is the intent of the Town
to adopt a law which is consistent with the Constitution and laws
of the State of New York, as well as the Constitution of the United
States.
In order to safeguard and protect the health,
safety, and welfare of the children of the Town of Fenton, and in
particular to protect the children of the Town of Fenton from access
by convicted sex offenders who may be present in the Town, it is hereby
declared that the movement and residence of certain convicted sex
offenders must be regulated in order to minimize the possibility of
contact between such sex offenders and the children of the Town.
As used in this article, the following terms
shall have the meanings indicated:
Any facility or institution primarily used for the care or
treatment of persons under the age of 18 while one or more of such
persons under the age of 18 are present, including but not limited
to day-care centers licensed, certified or otherwise sanctioned by
the State of New York and/or a political subdivision of the State
of New York.
A person who:
Is convicted of an offense defined in Article
130, 235 or 263 of the New York State Penal Law and the victim of
the offense was a person under the age of 18 at the time of the offense;
or, is designated as a "level two sexual offender" pursuant to Subdivision
6 of § 168-l of the New York State Correction Law; and
By reason of his or her conviction for the offense,
the person:
Receives a sentence of probation or conditional
discharge on or after September 1, 2005; or
Is released on parole or a conditional release
pursuant to Subdivision 1 or 2 of Subdivision 14 of § 259-c
of the New York State Executive Law on or after September 1, 2005;
or
Is conditionally released pursuant to § 70.40
of the New York State Penal Law on or after September 1, 2005.
Any park, open to the public, habitually used by persons
under the age of 18, whether for organized activities or otherwise,
including but not limited to the Hillcrest Community Association park
in the Hillcrest area of the Town of Fenton, and the playing fields
and playground adjacent to the Town Hall in the Port Crane area of
the Town of Fenton; or any area accessible to such public park or
any parked automobile or other parked vehicle located within 1,000
feet of the real property boundary line comprising any such public
park. For the purposes of this section, an "area accessible to the
public" shall mean sidewalks, streets, parking lots, parks, playgrounds,
stores and restaurants.
Any area in or on or within any building, structure, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate,
junior high, vocational, or high school; or any area accessible to
such school or any parked automobile or other parked vehicle located
within 1,000 feet of the real property boundary line comprising any
such school. For the purposes of this section, an "area accessible
to the public" shall mean sidewalks, streets, parking lots, parks,
playgrounds, stores and restaurants.
For the purposes of this article, a sex offender shall be
defined as a person who has been designated as "level three sexual
offender" or a "level two sexual offender" pursuant to Article 6-C
of the New York State Correction Law. It is the intention of this
article to classify such persons as sex offenders whether or not they
are or have been on probation, released to parole, or given a conditional
discharge, and whether or not the terms and conditions of any probation,
parole, or conditional discharge include any residency or movement
restrictions of the nature provided herein.
[Added 10-29-2008 by L.L. No. 4-2008]
[Amended 10-29-2008 by L.L. No. 4-2008]
Sex offenders are hereby prohibited from
A.Â
Knowingly entering into or upon any school grounds, any facility or institution primarily used for the care or treatment of persons under the age of 18, or public park as defined in § 109-3 hereof. It shall be a violation of this provision for a sex offender to enter into or upon private property in the vicinity of any such school grounds, facility or institution primarily used for the care or treatment of persons under the age of 18, or public park, if in so doing the sex offender passes over or through public property within 1,000 feet of such facility; provided, however, that if such sex offender is a registered student or participant or an employee of such school grounds or facility or institution primarily used for the care or treatment of persons under the age of 18, or an entity contracting therewith, or has a family member enrolled in such school grounds or facility or institution primarily used for the care or treatment of persons under the age of 18, said sex offender may enter upon such facility only if a written authorization of his or her probation officer or a court and the superintendent or chief administrator of such school grounds or facility or institution primarily used for the care or treatment of persons under the age of 18 is obtained and for the limited purposes authorized by the probation officer or the court and superintendent or chief officer of such school grounds or facility. In addition to the foregoing, such sex offender may also lawfully enter into or upon a school grounds or facility or institution primarily used for the care or treatment of persons under the age of 18 if he or she: i) has a medical emergency requiring immediate attention at a health care provider; or ii) has lawful business at a federal, state or local court or governmental agency; or iii) is traveling in a vehicle on an interstate or New York State maintained roadway within the proximity of a school grounds or a facility or institution primarily used for the care or treatment of persons under the age of 18. Nothing in this Local Law shall be construed as restricting any lawful condition of supervision that may be imposed on a sentenced sex offender.
B.Â
Maintaining his or her residence, either permanently
or temporarily, within 1,000 feet of any school grounds, any facility
or institution primarily used for the care or treatment of persons
under the age of 18, or public park.
A.Â
Any person who shall violate any provisions of this
article, upon conviction, shall be guilty of an offense and subject
to a fine of not less than $100 nor more than $500, or imprisonment
for a period of not more than six months, or both, for a conviction
of a first offense; for a conviction of a second offense, both of
which were committed within a period of five years, punishable by
a fine of not less than $500 nor more than $750, or imprisonment for
a period of not more than six months, or both; and, upon conviction
of a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not less than $750
nor more than $1,000, or imprisonment for a period of not more than
six months, or both.
[Added 10-29-2008 by L.L. No. 4-2008]
If any portion of this article shall be held unconstitutional,
void, or otherwise invalid or unenforceable, said portion or portions
shall be severed, and the remaining portions shall remain valid and
continue in full force and effect.
