As used in this chapter, the following terms shall have the
meanings indicated:
CHILD DAY-CARE CENTERS
Any licensed establishment, whether public, private or parochial,
where a child or children are cared for on a regular basis and such
service is provided away from the child's residence for less than
24 hours per day by someone other than the parent, step-parent, guardian,
or a relative of the child, and whether or not such service is provided
for compensation of any kind. Day-care centers shall include licensed
after-school programs and day-care programs. For the purpose of this
chapter, the term "child day-care center" shall not apply to services
provided in a private dwelling, unless such dwelling is duly licensed
by the appropriate agency to provide such service.
MINOR
Persons under 18 years of age.
PARK
Includes active and passive public land designated for recreational
or athletic use by the Town of Riverhead, County of Suffolk, State
of New York, the United States of America or other governmental subdivision
and located within the Town of Riverhead. For the purposes of this
chapter, the term "park" shall include beaches.
PLAYGROUND
Public land designated for recreational or athletic purposes
by any school district, library district, Town of Riverhead, County
of Suffolk, State of New York, the United States of America or other
governmental subdivision and located within the Town of Riverhead.
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 order of a court of competent jurisdiction. For the
purpose of this chapter, a registered sex offender shall not include
level one offenders as set forth in § 168-l, Subdivision
6(a), of the Correction Law or successor law.
RESIDENCE
A place where a person sleeps, which may include more than
one location and may be mobile or transitory.
SCHOOL
Includes 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 and secondary schools, high schools,
vocational schools and special education schools. For the purposes
of this chapter, the term "school" shall include child day-care centers
and shall exclude vocational and special education schools that provide
services to those over 18 years of age.
SEX OFFENDER or SEXUAL PREDATOR
Any person who is a resident of the Town of Riverhead and
has been convicted of an offense provided in § 168-a, Subdivisions
1, 2 and 3, of the New York State Correction Law or any successor
or applicable law where the victim was a minor, except level one offenders
as set forth in § 168-l, Subdivision 6(a), of the Correction
Law or successor law. The use of one term shall be deemed to include
the other.
It shall be unlawful for a sex offender and/or sexual predator
or a registered sex offender to establish a residence or domicile
or for a property owner, managing agent, house manager, corporation,
or person in charge of the premises to permit a sex offender and/or
sexual predator or registered sex offender to establish a residence
or domicile within the limits set forth below:
A. Within 1/4 mile (1,320 feet) of the property line of any land utilized,
in whole or in part, as a school, child day-care center, library,
or day camp; and
B. Within 1/4 mile (1,320 feet) of the property line of any land utilized,
in whole or in part, as a park, beach or playground.
The provisions of this chapter shall not apply to a registered
sex offender, being and intended to include a registered sexual predator,
under the following circumstances:
A. If the registered sex offender has established a residence or domicile
before October 31, 2005;
B. If the registered sex offender has established a residence or domicile
before the effective date of this chapter, on property having its
closest lot line within 1,001 feet of property used as a school, child
day-care center or day camp; or
C. If the registered sex offender has established a residence or domicile
before the effective date of this chapter, on property having its
closest lot line within 501 feet and 1/4 mile (1,320 feet) of property
used as a park, beach, or playground.
The Director of Planning shall file a map showing the areas
prohibited by this chapter where sex offenders cannot establish a
residence or be domiciled, and such map may be updated and filed with
the Riverhead Town Clerk every 30 days.