[HISTORY: Adopted by the Board of Trustees
of the Village of Alexandria Bay 1-13-2007 by L.L. No. 3-2007.
Amendments noted where applicable.]
For purposes of this chapter, the following
shall apply unless the context clearly indicates a different meaning:
The Alexandria Bay Police Department.
A search of the records of the Police Department of the Village
of Alexandria Bay and a search to determine if a person is listed
or registered on the New York State Sex Offender Registry.
Persons under 18 years of age. The singular and plural shall
include one another. If the applicable statute defining a crime against
a child refers to a child younger than 18, the younger age shall control.
An individual, a business enterprise, including a sole proprietorship,
a partnership, a corporation, a not-for-profit corporation, or any
other party to a Village contract, or a bidder in conjunction with
the award of a Village contract or a proposed party to a Village contract.
The New York State Division of Criminal Justice Services.
Any individual, partnership, association, corporation, business
trust, legal representative or organized group of persons paying wages
or any form of compensation to any person for services that directly
or indirectly benefit the individual, partnership, association, corporation,
business trust, legal representative or organized group of persons.
His or her.
Any person under the age of 18 years.
The grounds and buildings thereon, waters therein and any
other property necessary for the operation thereof and constituting
a part thereof, which is now or may hereafter be maintained, operated
and controlled for public park, playground or recreational purposes.
Park, playground or recreational area shall include the following
locations: Scenic View Park, Thomson Playground on Anthony Street,
Ice Arena on Bolton Avenue and any future playground, park or recreational
facility where children may gather.
Any person required to register under Article 6-C of the
Corrections Law of the State of New York (Sex Offender Registration
Act).
One year from the date of first registration under this chapter.
Any building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied
as place of one's domicile, home, or sleeping place of human beings.
Any person who lives in the Village of Alexandria Bay in
any apartment or home, has a usual place of abode in the Village,
is domiciled in the Village or temporarily present in the Village
and staying at a homeless shelter or an extended-stay establishment.
A licensed or accredited public, charter, private or religious
school that offers instruction to students in kindergarten through
any grade up to grade 12.
Any building, structure, athletic playing field, playground
or land contained within the real property boundary line of a public
or private elementary, parochial, intermediate, junior high, vocational,
or high school.
Shall have the same meaning as the term is defined in § 168-a,
Subdivision 1, of the Corrections Law of the State of New York.
Any hotel, motel, rooming house, inn, rooming unit, bed-and-breakfast,
residence inn, country inn, motor court, RV park or motor lodge that
lets or provides any space for occupancy by any person. Any place
of business that provides services or utilities to motor homes, recreational
vehicles, and trucks with campers or any other motor vehicle in which
an individual does or may sleep overnight is a temporary residence
under this chapter.
A.
After the effective date of this chapter, it shall
be unlawful for any Level 2 or Level 3 sex offender to establish a
permanent or temporary residence within 200 feet of any school ground,
park, playground or recreational area.
B.
For purposes of determining the minimum distance separation,
the distance shall be measured by following a straight line from the
outer property line of the permanent residence or temporary residence
to nearest outer property line of a school ground, park, playground
or other recreational area.
After the effective date of this chapter, it
shall be unlawful for any Level 2 or Level 3 sex offender to enter,
stop, sit, or stand within any park, playground or recreational area.
[Added 12-9-2014 by L.L. No. 1-2015]
It shall be unlawful for any Level 2 or 3 sex offender to enter,
stop, sit or stand on the grounds of or within the Municipal Building
and/or Fire Department except when on official business with the Village
Clerk's Office, the Court, Police Department or when attending Village
Board, Planning Board, or Zoning Board meetings or other official
meetings open to the general public being conducted by the Village
Board.
A.
Village employees. Alexandria Bay Village will conduct
a background search of any and all employees that may be alone with
a child within the scope of the performance of their duties. No person
convicted of a sex offense will be allowed to work alone with or supervise
any child.
B.
Village contractors. All persons or entities that
enter into contracts with the Village and are the employer of any
person that may be alone with a child within the scope of the performance
of the contract shall conduct a background search of any and all such
employees and compare the background search to any applicable registration
information available on the state's website and/or the sex offender
hotline maintained by the State of New York. No person convicted of
a sex offence will work alone with or supervise any child. Any failure
by the contractor to comply is a material breach of the contract and
entitles the Village to terminate the contract. This subsection includes
but is not limited to 501(C)(3) entities and charitable entities.
Any person or entity to which this subsection applies shall notify
APD immediately if that person or entity has or obtains any information
about any registrant that does not conform with the information the
registrant provided to the DCJS.
A person residing within 200 feet of a school
ground, Village park or Village playground does not commit a violation
of this chapter if any of the following apply:
A.
The person established the permanent residence prior
to effective date of this chapter.
B.
The person was a minor when he committed the offense
and was not convicted as an adult.
C.
The person is a minor.
D.
The school ground, Village park or Village playground
within 200 feet of the person's permanent residence was opened after
the person established permanent residence.
E.
The provisions of this chapter shall not be applicable
to persons incarcerated in any facilities owned, maintained and/or
operated by Alexandria Bay Village, Jefferson County, or New York
State.
F.
Any person
at River Hospital for treatment.
Nothing in this chapter creates or shall create
a cause of action against the Village of Alexandria Bay not already
authorized under existing law. Without limitation, the Village is
not liable to any person harmed who claims that conditions under this
chapter may have prevented the harm.
This chapter shall be enforced by the APD. The
Chief of Police shall cause a copy of this chapter and the prohibited
area map to be provided to each registered sex offender who has registered
under Megan's Law and who is residing within the Village limits.
Each violation of this chapter shall be punishable
by a fine of $250 and/or 10 days in jail. The Village shall also be
entitled to injunctive relief to enforce the provisions of this chapter.
