[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 7-27-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Freeport recognizes that the Sex Offender Registration Act, New York's version of Megan's Law (Correction Law Article 6-C) and County Law have increased public awareness of sex offenders by requiring them to become registered with authorities and making such information available to the public.
The Board of Trustees 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 Board of Trustees 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 Board of Trustees 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.
It is the intention of the Board of Trustees 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 sex offenders, by prohibiting registered sex offenders from residing in close proximity to places where children could naturally congregate, such as schools, child day-care centers, community centers, public libraries, parks, playgrounds, and other recreational facilities.
This chapter is intended to create a civil regulatory scheme in order to protect minors to the extent possible under the circumstances and is not intended as a punitive measure against registered sex offenders.
For the 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.
- A person's true, fixed permanent home or fixed place of habitation.
- MUNICIPAL RECREATION FACILITY
- Land, including accessory structures, owned and/or operated by the Village of Freeport and/or any other municipal entity, which is used for one or more of the following uses: parks, baseball fields, soccer fields, basketball courts, playgrounds, fitness trails, bleachers, waterfront areas, beaches, pools, ice rinks, tennis courts, and any other centers designed for recreational uses.
- 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.
- 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 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, and municipal 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 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.
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 Superintendent of Buildings for the Incorporated Village of Freeport and by the Freeport Police Department.
Any person violating the provisions of §§ 196-3 and 196-4 of this chapter shall, upon conviction, be subject to a fine up to $2,500 and/or 15 days in the Nassau County Correctional Center or both such fine and/or imprisonment. Each and every day a violation of §§ 196-3 and 196-4 exists shall be separate violation.
Nothing in this chapter shall be deemed to impose any duty or obligation upon the Village of Freeport 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 this chapter.