[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-23-2009 by L.L. No. 1-2009]
A.Â
The Board of Trustees of the Incorporated Village
of Massapequa Park ("Village Board") recognizes that the Sex Offender
Registration Act, New York's version of Megan's Law (Correction Law
Article 6-C), has increased public awareness of sex offenders by requiring
them to become registered with authorities and making such information
available to the public.
B.Â
The Village Board finds that registered sex offenders
pose a significant threat to the health and safety of the community
and especially to children, whose age and inexperience make them particularly
vulnerable to the heinous and reprehensible acts of these offenders.
The Village Board also finds that the rate of recidivism is high,
and programs designed to treat and rehabilitate these types of offenders
have been largely ineffective. The Village Board further finds that
restricting registered sex offenders from residing in close proximity
to places where children are likely to congregate is likely to reduce
the opportunity and temptation for, and can minimize the risk of,
repeated acts against minors.
C.Â
It is the intention of the Village Board to exercise
its authority pursuant to Article IX of the New York State Constitution
and § 10 of the Municipal Home Rule Law to protect and safeguard
the lives and well-being of the community, especially minors, from
registered sexual offenders by prohibiting registered sex offenders
from residing in close proximity to places where children could naturally
congregate, such as schools and parks.
D.Â
This article is intended to create a civil, nonpunitive
regulatory scheme in order to protect minors to the extent possible
under the circumstances and not as a punitive measure of any kind.
For purposes of this article, the following
terms shall have the meanings indicated:
A person's true, fixed permanent home or fixed place of habitation.
Any park, playground, athletic field, swimming pool operated
by the Village of Massapequa Park, the Massapequa School District,
the County of Nassau, the Town of Oyster Bay or the State of New York
or any other municipality.
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 provision 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 of the court of competent jurisdiction.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A building or property, the principal purpose and use of
which is as a place of education, including, but not limited to, public
or private preschool, elementary and secondary schools, vocational
schools and other non-degree-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 domicle within a one-mile radius
of:
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 279-3 of this article shall have 30 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in § 279-3 of this article.
This article 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 of county agency having jurisdiction thereof.
[1]
Editor's Note: Former § 279-6, Exemptions, was repealed
8-13-2012 by L.L. No. 4-2012.
Unless otherwise provided, the provisions of
this article shall be administered and enforced on behalf of the Board
of Trustees by the Building Inspector and by the Nassau County Police
Department.
Any person violating the provisions of § 279-3 of this article shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation.
Nothing in this article shall be deemed to impose
any civil or criminal liability upon, or give rise to a course of
action against, the Village of Massapequa Park or to any official,
employee or department of the Village for failing to act in accordance
with this article.
[Added 8-13-2012 by L.L. No. 4-2012]
If any section, subsection, sentence, clause or phrase of this
article 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 article.
