[HISTORY: Adopted by the Board of Trustees of the Village of Floral Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-2007 by L.L. No. 1-2007[1]]
[1]
This local law was originally adopted as Ch. 97 of the Code of the Village of Floral Park but was renumbered to maintain the alphabetical organization of the Code.
For purposes of this article, the following terms shall have the meanings indicated:
CHILD DAY-CARE CENTER
A building or property that provides care for six or more children during the day or evening hours by someone other than the parent, step-parent, guardian or relative of the child, whether or not tuition, fees or other forms of compensation are charged, and regardless of whether or not the facility is licensed by any state or other governmental agency.
COMMUNITY CENTER
A building or property where members of a community congregate for social, cultural, or recreational purposes.
DOMICILE
A person's true, fixed, permanent home or fixed place of habitation.
PARK
Any park, playground, athletic field, swimming pool operated by the Village of Floral Park, the Floral Park Bellerose and Sewanhaka High School Districts, the Towns of Hempstead and North Hempstead, the County of Nassau, the State of New York or any other municipality.
PUBLIC LIBRARY
The Floral Park Public Library.
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.
RESIDENCE
The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
SCHOOL
A building or property whose principal purpose and use is as a place of education, including but not limited to public or private preschool, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
It shall be unlawful for any registered sex offender to establish a residence or domicile within a one-thousand-foot radius of any school, child day-care center, community center, public library, park, playground or other recreational facility.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 74A-2 of this article shall have 30 days from receipt of a written notice from the Code Enforcement Officer to relocate to a location which does not violate the restrictions set forth in § 74A-2 of this article.
This article shall not apply to a registered sex offender if that person is required to be domiciled at a location fixed by an order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction thereof.
The residency restriction of § 74A-2 shall not apply to registered sex offenders who have established residences or domiciles prior to the effective date of this article; or to a registered sex offender under the age of 18 years of age residing with his/her parent(s) or legal guardian.
Unless otherwise provided, the provisions of this article shall be administered and enforced by the Code Enforcement Officer of the Village and the Floral Park Police Department.
Any person violating the provisions of § 74A-2 of this article shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation.
Nothing in this article shall be deemed to impose any civil or criminal liability upon, or give rise to a cause of action against, the Village of Floral Park or to any official, employee or department of the Village for failing to act in accordance with this article.