[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]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
Any public library, association library, or free library as defined
in § 253 of Article 5 of the New York State Education Law.
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.
The place where a person sleeps, which may include more than one
location, and may be mobile or transitory.
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.
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.
Public educational organizations established, organized or continued
under Article 31 of the New York State Education Law.
A.Â
It shall be unlawful for any sex offender to reside in
a housing accommodation located within:
(1)Â
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)Â
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)Â
Two thousand feet of any child-care facility or municipal
recreational facility as defined within this chapter.
B.Â
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)Â
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)Â
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)Â
Two thousand feet of any child-care facility or municipal
recreational facility as defined within this chapter.
C.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
Each week's continued violation of the provisions of
this chapter shall constitute a separate and additional violation of the provisions
of this chapter.
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.
