[Adopted 12-12-2013 by L.L. No. 2-2013]
As used in this article, the following terms shall have the
meanings indicated:
DAY-CARE CENTER
Any establishment where a child or children are cared for
on a regular basis at a site away from the child's residence
for less than 24 hours per day by someone other than the parent, step-parent,
guardian or relative of the child, whether or not such service is
provided for compensation of any kind. Day-care centers shall include,
but are not limited to: after-school programs, school-age day-care
programs, facilities defined in Sections 390 and 410-p of the New
York State Social Services Law, or any other applicable or successor
law. For the purposes of this article, "day-care center" shall not
apply to services provided in a private dwelling, unless a substantial
portion of the lot where the dwelling is located, as determined by
the Director of Zoning and Planning, has been converted to such use.
MINOR
Persons under 18 years of age.
PARK
Active and passive public land designated for recreational
or athletic use by the Village of North Syracuse, County of Onondaga
or State of New York, United States of America or other governmental
subdivision, and located within the Village of North Syracuse.
PLAYGROUND
Public land designated for recreational or athletic purposes
by any school district, library district, County of Onondaga, State
of New York, United States of America or other governmental subdivision
and located within the Village of North Syracuse.
REGISTERED SEXUAL OFFENDER
An individual designated as a Level 2 or Level 3 sexual offender
and 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 New York State Correction
Law or other applicable or successor law, whether or not the sexual
offender has actually registered in compliance with the law or order
of the court of competent jurisdiction.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SCHOOL
Any portion of private or public land, buildings or structures
utilized primarily for public or private education, as defined by
the New York State Department of Education and/or the New York State
Education Law, and includes, but is not limited to, preschools, kindergartens
and nursery schools, elementary, primary, intermediate, junior high,
middle or secondary schools, high schools, vocational and special
education schools. For purposes of this article, "school" shall also
include a teen center such as the CanTeen.
It shall be unlawful for a registered sexual offender to establish
or maintain a residence within:
A. A one-mile radius of the main, secondary or tertiary entrances of
any school or day-care center.
B. A one-thousand-five-hundred-foot radius of the main, secondary or
tertiary entrances of any park or playground.
This article shall not apply to a registered sexual offender
under the following circumstances:
A. A school, day-care center, park, or playground is newly located after
the adoption of this article, and the registered sexual offender has
already established a residence within a distance from the school,
day-care center, park or playground that is prohibited by this article.
B. If the registered sexual offender is required to reside at a location
fixed by order of a court of competent jurisdiction, or by any federal,
state or county agency having jurisdiction.
C. The registered sexual offender established the residence prior to
January 1, 2014.
If any part or provision of this article or the application
thereof to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.