Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2007 by L.L. No. 51-2007; amended in its entirety 12-11-2007 by L.L. No. 60-2007]

§ 215-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHILD-CARE FACILITY
Any licensed and/or registered child day-care center, group family day-care home or family day-care home, all as defined by the New York State Social Services Law.
HOUSING ACCOMMODATION
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.
LIBRARY
Any public library, association library, or free library as defined in § 253 of Article 5 of the New York State Education Law.
MUNICIPAL RECREATIONAL FACILITY
Any parcel, or combination of parcels, of property, including all structures situated in whole or in part thereon, located wholly or partially within the Town of Southampton, owned by the Town of Southampton, County of Suffolk, or any municipal government or nonprofit agency or organization which is used for one or more of the following uses: library, Children's Museum of the East End located at 376 Bridgehampton/Sag Harbor Turnpike, Hamlet of Bridgehampton, Town of Southampton, County of Suffolk, State of New York, playground, park, athletic field, playing field, recreation center, community center, beach, or swimming area.
RESIDE
The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
SEX OFFENDER
Any person who has been convicted of an offense and is required to be registered with the State Division of Criminal Justice Services pursuant to the provisions of Article 6-C of the New York State Correction Law and has received a Level 2 or Level 3 designation as defined under Article 6-C of the New York State Correction Law.
SCHOOL
Any building, structure or facility that is licensed by the State of New York Department of Education and utilized to provide public or nonpublic elementary or secondary educational instruction.
SCHOOL DISTRICT
Public educational organizations established, organized or continued under Article 31 of the New York State Education Law.

§ 215-2 Residence limitation.

A. 
It shall be unlawful for any sex offender to reside in a housing accommodation located within:
(1) 
One mile of any school located in any school district that does not offer and fund transportation services to school for all students living within one mile of their respective school; or
(2) 
Two thousand feet of any school located in any school district that does offer and fund transportation services to school for all students living within one mile of their respective school; or
(3) 
Two thousand feet of any child-care facility or municipal recreational facility as defined within this chapter.
B. 
No person shall permit, allow, fund, facilitate, or cause a sex offender to reside in a housing accommodation if such housing accommodation is within:
(1) 
One mile of any school located in any school district that does not offer and fund transportation services to school for all students living within one mile of their respective school; or
(2) 
Two thousand feet of any school located in any school district that does offer and fund transportation services to school for all students living within one mile of their respective school; or
(3) 
Two thousand feet of any child-care facility or municipal recreational facility as defined within this chapter.
C. 
The residence limitations established by this chapter shall remain in effect for as long as the sex offender is required to register as a sex offender pursuant to the provisions of Article 6 of the New York State Correction Law.

§ 215-3 Exceptions.

A. 
The provisions of this chapter shall not apply to any sex offender who has established a residence in a housing accommodation prior to the effective date of this chapter for such period of time that the sex offender continuously maintains his residence within the same housing accommodation location.
B. 
The provisions of this chapter shall not apply to any sex offender who has established a residence in a housing accommodation prior to a school being newly constructed, newly established or newly located within one mile of the housing accommodation if the school is located in a school district that does not offer and fund transportation services to school for all students living within one mile of their respective school for such period of time that the sex offender continuously maintains his residence in the same housing accommodation location.
C. 
The provisions of this chapter shall not apply to any sex offender who has established a residence in a housing accommodation prior to a school being newly constructed, newly established or newly located within 2,000 feet of the housing accommodation that does offer and fund transportation services to school for all students living within one mile of their respective school for such period of time that the sex offender continuously maintains his residence in the same housing accommodation location.
D. 
The provisions of this chapter shall not apply to any sex offender who has established a residence in a housing accommodation prior to a child-care facility or municipal recreational facility being newly designated or newly established which is located within 2,000 feet of the established housing accommodation for such period of time that the sex offender continuously maintains his residence in the same housing accommodation location.
E. 
The provisions of this chapter shall not apply to any sex offender who is required by court order to reside at a court-specified location.
F. 
The provisions of this chapter shall not apply to any sex offender who resides at a hospital or nursing home as defined by § 2801 of the New York State Public Health Law.

§ 215-4 Penalties for offenses.

A. 
A person who violates the provisions of this chapter shall be guilty of an unclassified misdemeanor punishable by a fine of not less than $1,000 or imprisonment for a period not to exceed one year, or both.
B. 
Each week's continued violation of the provisions of this chapter shall constitute a separate and additional violation of the provisions of this chapter.

§ 215-5 Calculation of distances.

All distances shall be measured and calculated from the closest point on any property boundary of the parcel of property where the sex offender's housing accommodation is located to the closest point on any property boundary of the parcel of property where a school, child-care facility or municipal recreational facility is located, as shown on the annual Suffolk County Real Property Tax Map as prepared and distributed by the Real Property Tax Service Agency of Suffolk County.