[HISTORY: Adopted by the Town Board of the Town of Champlain
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2007 by L.L. No. 2-2007]
A.Â
The Town Board of the Town of Champlain finds and determines that
it is essential to protect the health, safety and welfare of the children
of the Town of Champlain.
B.Â
The Town Board of the Town of Champlain further finds and determines
that it is in the best interests of the Town of Champlain citizens
to establish residency restrictions for sex offenders who have committed
criminal sexual offenses against minors.
C.Â
Accordingly, the purpose of this article is to prohibit sex offenders
from residing within 1,000 feet of areas that would provide them easy
access to potential victims.
As used in this article, the following terms shall have the
meanings indicated:
A person who has been convicted of an offense defined in
Article 130, 235 or 263 of the New York State Penal Law, or § 225.25,
255.26 or 255.27 of the New York State Penal Law and victim of the
offense was a person under the age of 18 at the time of the offense;
or is designated as a "level two" or "level three" sex offender pursuant
to Subdivision 6 of § 168-l of the New York State Correction
Law.
Any facility or institution primarily used for the care or
treatment of person under the age of 18 including, but not limited
to, day-care centers licensed, certified or otherwise sanctioned by
the State of New York and/or a political subdivision of the State
of New York.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Any area in, on or within any building, structure, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate-junior
high, vocational, or high school; or
Any area accessible to the public located within 1,000 feet
of the real property boundary line comprising any such school. For
the purposes of this article, an "area accessible to the public" shall
mean sidewalks, streets, parking lots, parks, playgrounds, stores
and restaurants.
The residence of a sex offender as herein defined shall not
be located within 1,000 feet of the real property comprising a child-care
facility or school grounds.
A sex offender with a residence within 1,000 feet of the real
property comprising a child-care facility or school grounds, does
not commit a violation of this article if any of the following apply:
A.Â
The sex offender is serving a sentence at a jail, prison, juvenile
facility or other correctional institution or facility.
B.Â
The sex offender has established a residence prior to the effective
date of this article, or a child-care facility or school is newly
located on or after the effective date of this article.
C.Â
The sex offender is a minor or a ward under a guardianship.
A.Â
A violation under this chapter shall be subject, upon conviction
for a first offense to a fine of not more than $250 and/or imprisonment
for a period not exceeding 15 days, or both such fine and imprisonment.
Each violation shall be deemed a separate offense.
B.Â
Any subsequent violation shall be considered a misdemeanor punishable
by a fine of not more than $500 and/or imprisonment for a period not
exceeding 30 days, or both such fine and imprisonment. Each day a
violation occurs or continues shall be deemed a separate additional
offense.
