[HISTORY: Adopted by the Town Board of the Town of Wales as indicated in article histories. Amendments noted where applicable.]
Article I Residency Restrictions
[Adopted 6-10-2008 by L.L. No. 3-2008]
The Town Board of the Town of Wales recognizes that it is important to take steps to safeguard minors against encounters with convicted sex offenders. While not every convicted sex offender will be a recidivist, this article aims to lessen the potential for those offenders inclined toward recidivism to have contact with, and possibly victimize, the youngest members of society by preventing sex offenders from residing or living near areas where children regularly meet and congregate. The Town Board of the Town of Wales believes this article is necessary to further protect the interest of all children, and to protect the health, safety and welfare of residents in the Town of Wales.
No person over the age of 18 years of age, who has been convicted of a violation of a sexual offense upon a child of the age of 16 years of age or under in New York State, or any other state or jurisdiction, who has been convicted in a Federal District Court of any offense involving child pornography, shall be permitted to reside or live within 1,500 feet of the real property of any school, park, preschool, playground, athletic field, child care center, or day-care center, that exists within the jurisdictional limits of the Town of Wales. The exceptions shall be the residency of a registered offender which was established prior to the enactment of this article.
Failure to comply with this article is a violation which shall subject the offender to a term of imprisonment of not less than 30 days and not more than one year and a maximum fine of $1,500.
Should any section or provision of this article be declared by any court to be unconstitutional or invalid, such declaration shall not affect the validity of this article as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.