For purposes of this chapter, the following terms shall have
the meanings intended:
CHILD DAY-CARE CENTER
A building or property that provides care for six or more
children during the day or evening hours by someone other than the
parent, stepparent, guardian or relative of the child, whether or
not tuition, fees or other forms of compensation are charged, and
regardless of whether or not the facility is licensed by any state
or other governmental agency.
COMMUNITY CENTER
A building or property where members of a community congregate
for social, cultural or recreational purposes.
DOMICILE
A person's true, fixed permanent home or fixed place
of habitation.
PARK
Any park, playground, athletic field, the Village of Lynbrook
swimming pool, a public school or school playground, a County of Nassau
park, a Town of Hempstead park, or a State of New York park.
PUBLIC LIBRARY
A library supported with public funds, accessible to the
general public.
REGISTERED SEX OFFENDER
A sex offender who is required to register with the New York
State Division of Criminal Justice Services or other agency having
jurisdiction pursuant to the provisions of Article 6-C of the Correction
Law of the State of New York or other applicable or successor law,
whether or not the sex offender has actually registered in compliance
with the law, or of an order of a Court of competent jurisdiction.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SCHOOL
A building or property whose principal purpose and use is
as a place of education, including, but not limited to, public or
private preschool, elementary and secondary schools, vocation schools
and other nondegree-granting schools, including self-defense, dance,
swimming, gymnastics and similar instruction/programs.
It shall be unlawful for any registered sex offender to establish
a residence or domicile within a one-thousand-foot radius of any property
line of a school, child day-care center, community center, public
library, park, playground and other recreational facility.
Any registered sex offender who establishes a residence or domicile in violation of the residency restriction set forth in §
196-3 of this chapter shall have 30 days from receipt of a written notice from the Village Administrator to relocate to a location which does not violate the restriction set forth in §
196-3 of this chapter.
This chapter shall not apply to a registered sex offender if
that person is required to be domiciled at a location fixed by an
order of a court of competent jurisdiction or by any federal, state
or county agency having jurisdiction thereof.
The residency restriction of §
196-3 shall not apply to a registered sex offender who has established a residence or domicile prior to the effective date of this chapter; or to a registered sex offender under the age of 18 years of age residing with his or her parent(s) or legal guardian.
Unless otherwise provided, the provisions of this chapter shall
be administered and enforced by the Lynbrook Superintendent of Department
of Buildings and by the Village of Lynbrook Police Department.
Nothing in this chapter shall be deemed to impose any duty or
obligation upon the Village of Lynbrook which might serve as a basis
for civil or criminal liability against the Village or any official,
or employee of the Village for failing to act in accordance with this
chapter.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the chapter.