[Adopted 2-7-2006 by L.L. No. 12-2006 (Ch. 428, Part 1,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that sex offenders pose
an unreasonable threat to the safety and well-being of children.
B.
This Legislature also finds and determines that the County of Suffolk
has gone to great lengths to protect the children of this County from
sex offenders, such as requiring certain sex offenders to wear ankle
bracelets so that law enforcement can determine their whereabouts.
C.
This Legislature further finds and determines that information is
currently available to the public regarding these high-risk offenders,
which information is available through the Internet and other sources.
D.
This Legislature finds that it is imperative that the County of Suffolk
takes all steps necessary to protect the most vulnerable residents
of the County.
E.
Therefore, the purpose of this article is to restrict all registered
sex offenders from residing within 1/4 of a mile of any school, licensed
day-care center or playground.
[Amended 12-5-2006 by L.L. No. 64-2006]
As used in this article, the following terms shall have the
meanings indicated:
A commercially owned permanent enterprise which is open to
the public without an admission fee and is equipped with recreational
devices such as a merry-go-round, Ferris wheel, or roller coaster.
This definition shall not include traveling fairs that move attractions
and recreational devices to more than one location throughout the
calendar year, nor shall it include retail establishments or restaurants
with an interior or attached playground or small coin-operated children's
rides.
[Added 2-1-2011 by L.L. No. 14-2011]
Any program or facility caring for children for more than
three hours per day per child, as those terms are defined in § 390
of the New York Social Services Law.
Any building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied
as the home, residence or sleeping place of one or more human beings.
To remain in a certain place for no apparent reason or purpose.
Any public land designated for recreational or athletic purposes
by any school district, library district, or by the County of Suffolk
or any town or village located wholly within the County of Suffolk.
A swimming pool operated by the County of Suffolk or any
town or village located within the County of Suffolk for the use of
the general public, with or without charge.
Any person who has been convicted of an offense and is registered
with the State Division of Criminal Justice Services pursuant to the
provisions of Article 6-C of the New York Correction Law.
Any institution, building or structure used for teaching
children or imparting an education.
Any residential facility providing temporary housing, for
which such temporary use and occupancy of the housing facilities the
owner or primary tenant of the property receives compensation, either
directly from the temporary occupant or through reimbursement from
a third party on behalf of such temporary occupant, or both.
Any premises where 10 or more video game machines or devices
are operated.
Any mechanical amusement device, which is characterized by
the use of a cathode ray tube display and which, upon the insertion
of a coin, slug, or token in any slot or receptacle attached to or
connected to the machine, may be operated for use as a game, contest
or amusement.
Any public or private facility that is primarily used to
host recreational or social activities for minors.
A.
It shall be unlawful for all registered sex offenders to reside within
1/4 mile of the property line of any school, including, but not limited
to, any public or private nursery, elementary, middle or high school;
or a licensed day-care center; or a playground; or an amusement park;
or the residence or principal place of employment of the victim(s)
of their crime(s).
[Amended 12-5-2006 by L.L. No. 64-2006; 12-1-2009 by L.L. No.
42-2009; 2-1-2011 by L.L. No. 14-2011]
B.
No shelter or housing accommodation shall permit or cause the placement
of any registered sex offender if such shelter or housing accommodation
is within 1/4 mile of the property line of any school, including,
but not limited to, any public or private nursery, elementary, middle
or high school; or a licensed day-care center; or a playground; or
an amusement park; or the residence or principal place of employment
of the victim(s) of their crime(s).
[Amended 12-5-2006 by L.L. No. 64-2006; 12-1-2009 by L.L. No.
42-2009; 2-1-2011 by L.L. No. 14-2011]
C.
The residence prohibition established by this section shall remain
in effect for as long as the offender is classified as a registered
sex offender.
A.
The provisions of this article shall not apply to any registered
sex offenders who have established a residence prior to the effective
date of this article.
B.
The provisions of this article shall not apply if a public or private
nursery, elementary, middle or high school, or a licensed day-care
center, or a playground is newly constructed and is within 1/4 mile
of the residence of a registered sex offender who has previously established
a residence in that location.
C.
The provisions of this article shall not apply to any registered
sex offender who is required by court order to reside at a certain
location.
A registered sex offender who violates the provisions of this
article shall be guilty of an unclassified misdemeanor punishable
by no more than one year in jail.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted, for the purpose of triggering the provisions
of this section.
[Added 12-5-2006 by L.L. No. 64-2006]
It shall be unlawful for any sex offender who has been given
a Level 2 or Level 3 designation, pursuant to the New York Sex Offender
Registration Act, to loiter within 100 feet of any playground, day-care
center, public swimming pool, video arcade or youth center.
A Level 2 or Level 3 sex offender who violates the provisions
of this article shall be guilty of an unclassified misdemeanor punishable
by no more than one year in jail.
