[HISTORY: Adopted by the Town Board of the Town of Deerpark as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-2008 by L.L. No. 7-2008]
The Town Board of the Town of Deerpark finds 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 where children are likely to regularly congregate, such as public or nonpublic elementary, middle and high schools, residential and group homes for children, child-care facilities, parks, playgrounds, public or private youth centers, public swimming pools and other recreational areas, campgrounds and any other areas or facilities designated by the Town Board after the adoption of this article.
The Town Board finds that it is essential for the Town to make every effort to protect children from sex offenders who have committed sexual offenses against minors.
The Town Board determines that it is in the best interest of the safety, health and welfare of the citizens of the Town of Deerpark, and particularly its children to:
Establish child safety zones within the Town of Deerpark around schools, child-care facilities, licensed child-care centers, parks and playgrounds, recreational areas and other areas in which children congregate;
Prohibit a person who has been convicted of a crime that requires the person to register pursuant to the New York State Sex Offenders Registration Act from loitering within 300 feet of such facilities; and
Provide that such offense shall be deemed a class B misdemeanor and, upon conviction, such person shall be subject to a fine of up to $500 and/or imprisonment of up to 90 days.
As used in this article, the following terms shall have the meanings indicated:
- CHILD, CHILDREN or MINOR
- Individuals whose chronological age is under 18 years.
- CHILD SAFETY ZONE
- On or within 300 feet of the property line of a specified location as defined in this section.
- DAY-CARE CENTER or CHILD-CARE FACILITY
- Any child care arrangement which is either required to be licensed by or which is exempt from licensing in accordance with state or local law, including, but not limited to, any family child-care home, child-care facility, school-age-child-care center, specialized child-care facility, after-school programs and child-care facilities of a church or parochial school.
- Includes all public and private property specifically designated by state, county or local government as being utilized for active or passive park and recreational purposes.
- RECREATIONAL FACILITY
- Includes, but is not limited to, a playground, forest preserve, conservation area, jogging trail or running track, hiking trait, beach, water park, wading pool, athletic field, basketball court or hockey rink, golf courses, mini-golf business, video arcade, laser tag, paint ball facilities, Boys and Girls Club(s), skate park, dance or gymnastic studio, movie theater, martial arts school or family-oriented pool hall, whether publicly or privately owned, to which the public has a right of access as an invitee and which is located within the Town of Deerpark.
- RESIDENTIAL AND GROUP HOMES FOR CHILDREN
- Any New York State licensed facility which provides residential care for children under the age of 18 years.
- Any public or private educational facility that provides educational instruction to children in grades pre-k through 12.
- SEX OFFENDER REGISTRATION ACT
- Article 6-C, Chapter 43 of the Consolidated Laws of the State of New York.
- SPECIFIED LOCATION
- Any location, area or facility defined in the definitions of "day-care center or child-care facility," "park," "recreational facility," "school" and "residential and group homes for children."
A person is guilty of loitering in a child safety zone if the person has been previously convicted of committing a crime in New York State or in any jurisdiction in which the victim is a child under the age of 18, who is required to register under the New York State Sex Offenders Registration Act and is loitering or remains in a child safety zone as defined in § 186-2 of this article, and the person was previously clearly informed by a law enforcement officer that he or she is in a child safety zone, and refused to leave the child safety zone after being requested to do so.
The provisions of this article shall be uniformly enforced throughout the Town of Deerpark by state, county and local enforcement agencies.
Upon conviction, any person who is found to have violated this article shall be convicted of a Class B misdemeanor and subject to a fine of up to $500, and/or imprisonment of up to 90 days. The sentencing court shall provide notification to the offender's probation officer or parole officer and the New York State Board of Examiners that such individual has violated this article.