[HISTORY: Adopted by the Board of Trustees
of the Village of Floral Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-6-2007 by L.L. No. 1-2007[1]]
For purposes of this article, the following
terms shall have the meanings indicated:
A building or property that provides care for six or more
children during the day or evening hours by someone other than the
parent, step-parent, 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.
A building or property where members of a community congregate
for social, cultural, or recreational purposes.
A person's true, fixed, permanent home or fixed place of
habitation.
Any park, playground, athletic field, swimming pool operated
by the Village of Floral Park, the Floral Park Bellerose and Sewanhaka
High School Districts, the Towns of Hempstead and North Hempstead,
the County of Nassau, the State of New York or any other municipality.
The Floral Park Public Library.
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.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
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, 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 domicile within a one-thousand-foot
radius of any school, child day-care center, community center, public
library, park, playground or other recreational facility.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 74A-2 of this article shall have 30 days from receipt of a written notice from the Code Enforcement Officer to relocate to a location which does not violate the restrictions set forth in § 74A-2 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 or county agency having jurisdiction thereof.
The residency restriction of § 74A-2 shall not apply to registered sex offenders who have established residences or domiciles prior to the effective date of this article; or to a registered sex offender under the age of 18 years of age residing with his/her parent(s) or legal guardian.
Unless otherwise provided, the provisions of
this article shall be administered and enforced by the Code Enforcement
Officer of the Village and the Floral Park Police Department.
Any person violating the provisions of § 74A-2 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 cause of action
against, the Village of Floral Park or to any official, employee or
department of the Village for failing to act in accordance with this
article.
