[HISTORY: Adopted by the Common Council of
the City of Port Jervis as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 398.
[Adopted 5-12-2008 by L.L. No. 3-2008]
A.
The Common Council of the City of Port Jervis 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 Common Council after the adoption
of this article.
B.
The Common Council finds that it is essential for
the City to make every effort to protect children from sex offenders
who have committed sexual offenses against minors.
C.
The Common Council determines that it is in the best
interest of the safety, health and welfare of the citizens of the
City of Port Jervis, and particularly its children to:
(1)
Establish child safety zones within the City of Port
Jervis around schools, child-care facilities, licensed child-care
centers, parks and playgrounds, recreational areas and other areas
in which children congregate;
(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.
When used in this article, the following definitions
apply:
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 trail, beach,
water park, wading pool, athletic field, basketball court or hockey
rink, golf courses, mini-golf business, video arcade, laser tag, paintball
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 City
of Port Jervis.
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 Offender Registration Act[1] and is loitering or remains in a child safety zone as defined in § 447-2 of this article, and the person was previously clearly informed by a law enforcement officer that (s)he is in a child safety zone and refused to leave the child safety zone after being requested to do so.
[1]
Editor's Note: See Correctional Law § 168
et seq.
The provisions of this article shall be uniformly
enforced throughout the City of Port Jervis 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.
