ARTICLE IResidency Restrictions (§ 245-1 — § 245-6)
§ 245-1Legislative intent and purpose.
§ 245-5Penalties for offenses.
The highest priority of government is the safety and protection of its residents, especially its children. The City of Auburn has had placed in its borders a large number of registered sex offenders, some of which have committed criminal sexual offenses against minors. A number of these sex offenders have been categorized as Level III sex offenders who have been determined to pose a high risk of committing another sexual crime.
This Council finds and determines that it is essential to assure residents of the City of Auburn that City government continues to make every effort to protect children from sex offenders.
This Council further finds and determines that it is in the best interests of City of Auburn residents to establish residency and proximity restrictions for Level III sex offenders.
Accordingly, the purpose of this article is to prohibit Level III sex offenders from residing within, or entering within, a radius of 500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park.
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- Licensed and/or registered child day-care centers, group family day-care homes and family day-care homes as defined by the New York State Social Services Law.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- SEX OFFENDER
- A person who has been convicted of a sexual offense and has
received a Level III designation as defined under Article 6-C of the
New York State Correction Law.[Amended 5-15-2008 by L.L. No. 1-2008]
A Level III sex offender as herein defined shall not reside within, or enter within, a radius of 500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park. Notwithstanding, however, a Level III sex offender may enter within the five-hundred-foot radius solely for the purpose of employment, shopping or attending appointments, but in no event shall the sex offender enter onto the premises of a public or private school, nursery school, preschool, registered day-care center, playground, or park while working, shopping or attending any appointments.
Notification of passage of this article, and of these prohibitions, shall be delivered in writing, by the City of Auburn Police Department, to each and every Level III registered sex offender now residing, or in the future residing, within the City of Auburn. Notifications will also be delivered in writing by the City of Auburn Police Department to the New York State Police, the New York State Division of Parole, the Cayuga County Parole Department, all school districts and private schools within the City of Auburn, and all child-care facilities as defined in this article.
Any violation of the provisions of this article shall be deemed to be an A misdemeanor punishable by a fine not exceeding $1,000, or imprisonment for a term not exceeding one year; or both such fine and imprisonment.
It is intended that this article shall apply only to Level III sex offenders. This article is not intended to replace, mitigate, abrogate, modify or in any way extend, enhance or supplant any existing law enforcement requirements by any other agencies as designated under any applicable state statutes.