[HISTORY: Adopted by the Rockland County Legislature 1-16-2007
by L.L. No.1-2007. Amendments noted where applicable.]
This chapter shall be known as "the Rockland County Pedophile-Free Child
Safety Zone Act."
A.Â
The Rockland County Legislature finds and determines
that, due to the recidivism rate among convicted sex offenders following their
release from confinement, there exists a heightened potential for reoccurrence
of their crimes when they reside, have employment or frequent areas where
children are likely to regularly congregate, such as public or nonpublic elementary,
middle and high schools, child-care facilities, parks, playgrounds, public
or private youth centers or public swimming pools.
B.Â
The Rockland County Legislature further determines that
it is essential for Rockland County to make every effort to protect children
from sex offenders who have committed sexual offenses against minors.
C.Â
The Rockland County Legislature further determines that
it is in the best interests of the safety, health and welfare
of the citizens of Rockland County, and particularly its children, to establish
residency restrictions and restrictions on location of employment and other
activities for sex offenders who have committed sexual offenses against minors.
D.Â
It is the purpose of this chapter to prohibit sex offenders
from residing, having employment or otherwise entering or remaining within
1,000 feet of areas and facilities that would provide them easy access to
potential victims.
As used in this chapter, the following terms shall have the meanings
indicated:
A person who has been convicted of a sexual offense as defined in
Paragraph 1 of § 168-a of the New York State Corrections Law.
A licensed and/or registered nursery, preschool, child day-care center,
group family day-care home, and family day-care home 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 and/or transitory.
Doing work, whether or not for financial gain.
One thousand feet of the real property comprising a public or private,
elementary, middle or high school, child-care facility, park, playground,
public or private youth center or public swimming pool.
A sex offender as herein defined entering or remaining within a child
safety zone does not commit a violation of this chapter if any of the following
apply:
A.Â
The sex offender is serving a sentence at a jail, prison,
juvenile facility or other correctional institution or facility, or is an
inpatient in a hospital, hospice, mental health facility or nursing home.
However, this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
B.Â
The sex offender has established a residence or employment
that would otherwise be in violation of this chapter prior to the effective
date of this chapter. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that child safety zone
other than for purposes relating to schooling. In such case, the parent(s)
or legal guardian of the minor contacted must be informed of the contact.
C.Â
The sex offender attends primary, secondary or post-secondary
school that would otherwise be in violation of this chapter. However, this
exception does not apply to an individual who initiates or maintains contact
with a minor within that child safety zone.
D.Â
The sex offender only intermittently or sporadically
enters a child safety zone for the purposes of work. However, this exception
does not apply to an individual who initiates or maintains contact with a
minor within that child safety zone.
E.Â
A child safety zone is newly located on or after the
effective date of this chapter. However, this exception does not apply to
an individual who initiates or maintains contact with a minor within that
child safety zone.
F.Â
The sex offender is a minor or a ward under a guardianship.
However, this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
G.Â
The sex offender enters a child safety zone for the purposes
of exercising the right to vote. However, this exception does not apply to
an individual who initiates or maintains contact with a minor within that
child safety zone.
The first violation of the provisions of this chapter shall be a Class
B misdemeanor, punishable by a fine of up to $500 and imprisonment of up to
three months in jail. A second or subsequent violation shall be a Class A
misdemeanor, punishable by a fine of up to $1,000 and imprisonment of up to
one year in jail.
The restrictions outlined in § 347-4 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law Article 6-C, the Sex Offender Registration Act.
