[Adopted 5-12-2008 by L.L. No. 3-2008]
When used in this article, the following definitions
apply:
CHILD SAFETY ZONE
On or within 300 feet of the property line of a "specified
location" as defined in this section.
DAY-CARE CENTER or CHILD-CARE FACILITY
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.
PARK
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.
RECREATIONAL FACILITY
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.
SCHOOL
Any public or private educational facility that provides
educational instruction to children in grades Pre-K through 12.
SPECIFIED LOCATION
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 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.
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.