[HISTORY: Adopted by the Town Board of the
Town of Wales as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-10-2008 by L.L. No. 3-2008]
The Town Board of the Town of Wales recognizes
that it is important to take steps to safeguard minors against encounters
with convicted sex offenders. While not every convicted sex offender
will be a recidivist, this article aims to lessen the potential for
those offenders inclined toward recidivism to have contact with, and
possibly victimize, the youngest members of society by preventing
sex offenders from residing or living near areas where children regularly
meet and congregate. The Town Board of the Town of Wales believes
this article is necessary to further protect the interest of all children,
and to protect the health, safety and welfare of residents in the
Town of Wales.
No person over the age of 18 years of age, who
has been convicted of a violation of a sexual offense upon a child
of the age of 16 years of age or under in New York State, or any other
state or jurisdiction, who has been convicted in a Federal District
Court of any offense involving child pornography, shall be permitted
to reside or live within 1,500 feet of the real property of any school,
park, preschool, playground, athletic field, child care center, or
day-care center, that exists within the jurisdictional limits of the
Town of Wales. The exceptions shall be the residency of a registered
offender which was established prior to the enactment of this article.
Failure to comply with this article
is a violation which shall subject the offender to a term of imprisonment
of not less than 30 days and not more than one year and a maximum
fine of $1,500.
Should any section or provision of this article
be declared by any court to be unconstitutional or invalid, such declaration
shall not affect the validity of this article as a whole or any part
thereof, other than the part so declared to be unconstitutional or
invalid.
