[HISTORY: Adopted by the Town Board of the Town of Seneca
Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
A.Â
The highest priority of government is the safety and protection of
its residents, especially its children. The Town of Seneca Falls has
had placed within its borders a number of sex offenders required to
be registered with the State of New York, some of whom have committed
criminal sexual offenses against minors. A number of these sex offenders
have been categorized as Level II sex offenders who have been determined
to pose a moderate risk of committing another sexual crime under the
Correction Law of the State of New York. A number of these sex offenders
have been categorized as Level III sex offenders who have been determined
to pose a high risk of repeat offense and a threat to the public safety
under the Correction Law of the State of New York.
B.Â
The Town of Seneca Falls has developed an active Recreation Department
that oversees the Town's parks and recreation facilities. The Department
also facilitates numerous recreation programs for Town residents.
The majority of the recreation facilities and programs are designed
and promoted for use and participation by the children of the Town.
C.Â
The Town Board finds and determines that it is essential to assure
residents of the Town of Seneca Falls that Town government continues
to make every effort to protect children from such sex offenders.
D.Â
This Town Board further finds and determines that it is in the best
interests of the Town of Seneca Falls to prohibit sex offenders who
have committed sexual offenses against minors from entering into the
Town's parks and recreation facilities.
A.Â
CHILD or CHILDREN
SEX OFFENDER
TOWN PARK
TOWN RECREATION FACILITIES
As used
in this chapter, the following terms shall have the meanings indicated:
Persons less than 18 years of age.
Any person who is convicted of any of the offenses set forth
in Subdivision 2, 3 or 7 of § 168-a of the New York State
Correction Law, as hereinafter amended, and has received a Level II
or Level III designation as defined under Article 6-C of the New York
State Correction Law, as hereinafter amended.
Active and passive public land designated for recreational
or athletic use by the Town of Seneca Falls that is owned or leased
by the Town of Seneca Falls. At the time of passage of this article,
Town parks include Kid's Territory on West Bayard Street, Vince's
Park on Old State Road and the Town playground on Lake Road.
All land and improvements thereon designated for recreational
or athletic purposes by the Town of Seneca Falls that are owned or
leased by the Town of Seneca Falls. At the time of passage of this
article, Town recreation facilities include the Community Center at
35 Water Street and the pool house and pavilions at Vince's Park on
Old State Road.
B.Â
The examples
given for Town recreation facilities and Town parks in the definitions
of "Town park" and "Town recreation facilities" above are not exclusive
lists. Any lands currently fitting within the given definitions and
lands so designated in the future shall also be subject to this article.
A.Â
No sex offender shall enter or remain in or upon any Town park or
Town recreation facility, as such terms are defined herein.
B.Â
Within 30 days of the passage of this article, all Town parks and
Town recreation facilities shall be posted with signs not less than
eight inches by 11 inches, bearing a conspicuous statement described
in this section. Such signs shall be posted not more than 660 feet
apart, close to and along the boundaries of the Town park and Town
recreation facility. At least one sign shall be posted on each side
of the protected area and on each side of each corner of the protected
area, provided the corner can be reasonably ascertained. Illegible
or torn down signs shall be replaced at least once a year. Signs shall
state the following: "Notice: Pursuant to local law, it is illegal
for any Level II or Level III sex offender to enter or remain in or
upon this park or recreational facility. Your violation of this local
law may subject you to prosecution and punishment, up to and including
a fine and imprisonment."
C.Â
Upon such posting, no further notice shall be given or required to
prove a violation of this article.
D.Â
In the absence of such posting, no sex offender shall enter or remain
in or upon any Town park or Town recreation facility, as such terms
are defined herein, following a personally communicated or written
request from any Town employee, peace officer or police officer advising
him or her of the relevant portion of this article.
Any violation of the provisions of this article shall be deemed
to be an offense and any person adjudged guilty of a violation of
this article shall be liable for such violation and penalty therefor
and shall, upon conviction thereof, be subject to a fine of not less
than $500 and not more than $2,500 per offense, together with a sentence
of imprisonment of up to 15 days per offense. Each day, or part thereof,
such violation continues following notification under this article
shall constitute a separate offense, punishable in a like manner.
[Added 10-5-2015 by L.L. No. 4-2015]
The use of Town parks and Town recreation facilities may be
subject to fees for use and other restrictions that will be set from
time to time by resolution of the Town Board.
Failure or refusal to comply with any restrictions or fees for use set pursuant to this article shall be subject to the penalties set forth in § 207-4.
