[HISTORY: Adopted by the Town Board of the Town of Union as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-15-2006 by L.L. No. 1-2006]
This article shall be known as the "Law Regulating the Movement of Certain
Convicted Sex Offenders in Certain Sections of the Town of Union."
This article is hereby adopted and enacted pursuant to the authority
conferred by the New York State Municipal Home Rule Law, which enables local
governments to adopt local laws relating to their property, affairs, or government,
so long as the local laws are not inconsistent with the New York State Constitution
or any general law of New York State. The New York State Municipal Home Rule
Law also authorizes local governments to adopt local laws regulating the protection,
order, conduct, safety, health and welfare of the persons within the local
municipality. This article is adopted in recognition of the recently enacted
Chapter 544 of the Laws (of the State of New York) of 2005, which prohibits
certain sex offenders placed on conditional release or parole or probation
from entering upon school grounds or other facilities where children are cared
for. The Town of Union Board has determined that this article is not inconsistent
with said Chapter 544 of the Laws of 2005.
In order to safeguard and protect the health, safety and welfare of
the children of the Town of Union, and in particular to protect the children
of the Town of Union from access by convicted sex offenders who may be present
in the Town, it is hereby declared that the movement of certain convicted
sex offenders must be regulated, consistent with recently enacted state law,
particularly in the areas of school grounds, community recreational facilities
and facilities where children are cared for.
As used in this article, the following terms shall have the meanings
indicated:
A place, area, structure, or other facility owned or operated by
a governmental entity or certified nonprofit organization used by persons
in the community to carry out recreational activities, including outdoor and
indoor facilities such as tennis courts, swimming pools, soccer fields, baseball
fields, playgrounds, and/or similar facilities.
Any facility or institution primarily used for the care or treatment
of persons under the age of 18 while one or more of such persons under the
age of 18 are present, 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.
A person who is convicted of an offense defined in Article 130, 235
or 263 of the New York State Penal Law and the victim of the offense was a
person under the age of 18 at the time of the offense, or is designated as
a Level Three Sex Offender pursuant to Subdivision 6 of § 168-l
of the New York State Correction Law.
A person who:
Is convicted of an offense defined in Article 130, 235 or 263 of the
New York State Penal Law and the 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
Sex Offender pursuant to Subdivision 6 of § 168-l of the New York
State Correction Law; and
By reason of his or her conviction for the offense, the person:
Receives a sentence of probation or conditional discharge on or after
September 1, 2005; or
Is released on parole or a conditional release pursuant to Subdivision
1 or 2 or Subdivision 14 of § 259-c of the New York State Executive
Law on or after September 1, 2005; or
Is conditionally released pursuant to § 70.40 of the New York
State Penal Law on or after September 1, 2005.
Any area in or 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, or any parked automobile
or other parked vehicle located within 1,000 feet of the real property boundary
line comprising any such school. For the purposes of this subsection, an "area
accessible to the public" shall mean sidewalks, streets, parking lots, parks,
playgrounds, stores and restaurants.
A.Â
Level Two and Level Three sex offenders are hereby prohibited
from knowingly entering into or upon any school grounds, community recreational
facilities or any facility or institution primarily used for the care or treatment
of persons under the age of 18; provided, however, that if such Level Two
or Level Three sex offender is a registered student or participant or an employee
of such school grounds or facility or institution primarily used for the care
or treatment of persons under the age of 18, or an entity contracting therewith,
or has a family member enrolled in such school grounds or facility or institution
primarily used for the care or treatment of persons under the age of 18, said
Level Two or Level Three sex offender may enter upon such facility only if
a written authorization of his or her probation officer or the court and the
superintendent or chief administrator of such school grounds or facility or
institution primarily used for the care or treatment of persons under the
age of 18 is obtained and for the limited purposes authorized by the probation
officer or the court and superintendent or chief officer of such school grounds
or facility. In addition to the foregoing, such Level Two or Level Three sex
offender may also lawfully enter into or upon a school grounds or facility
or institution primarily used for the care or treatment of persons under the
age of 18 if he or she:
(1)Â
Has a medical emergency requiring immediate attention
at a health care provider; or
(2)Â
Has lawful business at a federal, state or local court
or governmental agency located at or near such facility; or
(3)Â
Is traveling on an interstate roadway within the proximity
of a school grounds, community recreational facility or a facility or institution
primarily used for the care or treatment of persons under the age of 18.
B.Â
Nothing in this article shall be construed as restricting any
lawful condition of supervision that may be imposed on a sentenced Level Two
or Level Three sex offender.
A violation under this article shall be subject, upon conviction, to
a penalty and/or fine of $250 and/or 15 days in jail for each offense.
This article shall take effect immediately upon its filing with the
office of the New York State Secretary of State.
