[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]
A.
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.
B.
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.
C.
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:
(1)
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;
(2)
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
(3)
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:
Individuals whose chronological age is under 18 years.
On or within 300 feet of the property line of a specified
location as defined in this section.
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.
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.
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.
Article 6-C, Chapter 43 of the Consolidated Laws of the State
of New York.
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.
