For the purposes of this chapter, the following terms shall be defined
as follows:
CHIEF
The Chief of the Glen Cove Police Department.
CHILD DAY-CARE CENTER
Any child-care arrangement, public, private or parochial child-care
center, school-age child-care program, day nursery school, kindergarten, play
school or other similar school or service operating pursuant to authorization,
license or permit of the State of New York, County of Nassau or City of Glen
Cove; any facility that provides child-care services as defined in § 410-p
of the New York State Social Services Law; or any child day-care center as
defined in § 390 of the New York State Social Services Law. The
definition of child day-care center applies whether or not care is given for
compensation, but does not include child day-care centers located in private
dwellings and multiple-dwelling units.
CITY
The City of Glen Cove.
DOMICILE
A person’s true, fixed, permanent home or fixed place of habitation.
ENTITY WITH A VULNERABLE POPULATION
Any community group, organization, association, or other organized
collection of people whose members are potential targets of a sex offender.
LEVEL I OFFENDER
A sex offender determined by the New York State Board of Examiners
of Sex Offenders to pose a low risk of recidivism.
LEVEL II OFFENDER
A sex offender determined by the New York State Board of Examiners
of Sex Offenders to pose a moderate risk of recidivism.
LEVEL III OFFENDER
A sex offender determined by the New York State Board of Examiners
of Sex Offenders to pose a high risk of recidivism.
PARK
Any park preserve, playground, athletic field, golf course, swimming
pool, or each operated by New York State, Nassau County or the City of Glen
Cove.
REGISTERED SEX OFFENDER
A person who has been classified as a Level I, Level II or Level
III sex offender and who is required to register with the New York State Division
of Criminal Justice Services, or other agency having jurisdiction, pursuant
to the provisions of Article 6-C of SORA, whether or not the sex offender
has actually registered in compliance with the law or order of a court of
competent jurisdiction.
RESIDENCE
The place where a person sleeps, which may include more than one
location, and may be mobile or transitory.
SCHOOL
A public, private or parochial elementary or secondary school, including
a middle school, junior high school, high school or Board of Cooperative Educational
Services (BOCES) school, but not including a college, a university, a privately
owned trade/vocational school or a home school.
SORA
The New York State Sex Offender Registration Act.
It shall be unlawful for any registered sex offender to establish a
residence or domicile where the property line of such residence or domicile
lies within:
A. One thousand feet of the property line of a school or child day-care
center.
B. Five hundred feet of the property line of a park.
The residency restriction of §
226-2 shall not apply to registered sex offenders who have established residences or domiciles prior to the effective date of this chapter.
Any violation of §
226-2 after notification pursuant to §
226-3 shall be a Class A misdemeanor punishable by a fine not exceeding $1,000; or imprisonment for a term not to exceed one year; or both such fine and imprisonment.
Nothing in this chapter shall be deemed to impose any civil or criminal
liability upon or to give rise to a cause of action against any official,
employee or agency of the City for failing to act in accordance with this
chapter.