This chapter shall be known as the "Local Law Regulating the Movement
of Certain Convicted Sex Offenders in Certain Sections of the Town of Maine."
This chapter is hereby adopted and enacted pursuant to the authority
conferred by the New York State Municipal Home Rule Law, which enables local
governments to adopt local laws relating to their property, affairs or government
so long as the local laws are not inconsistent with the New York State Constitution
or any general law of New York State. The New York State Municipal Home Rule
Law also authorizes local governments to adopt local laws regulating the protection,
order, conduct, safety, health and welfare of the persons within the local
municipality. This chapter is adopted in recognition of the recently enacted
Chapter 544 of the Laws (of the State of New York) of 2005, which prohibits
certain sex offenders placed on conditional release or parole or probation
from entering upon school grounds or other facilities where children are cared
for. The Town Board of the Town of Maine has determined that this chapter
is not inconsistent with said Chapter 544 of the Laws of 2005.
In order to safeguard and protect the health, safety and welfare of
the children of the Town of Maine, and in particular to protect the children
of the Town of Maine from access by convicted sex offenders who may be present
in the Town, it is hereby declared that the movement of certain convicted
sex offenders must be regulated, consistent with recently enacted state law,
particularly in the areas of school grounds and facilities where children
are cared for.
As used in this chapter, the following terms shall have the meanings
indicated:
LEVEL TWO SEX OFFENDERS
A person who:
A.
Is convicted of an offense defined in Article 130, 235 or 263 of the
New York State Penal Law and the victim of the offense was a person under
the age of 18 at the time of the offense; or is designated as a "level two
sexual offender" pursuant to subdivision 6 of § 168-1 of the New
York State Correction Law; and
B.
By reason of his or her conviction for the offense, the person:
(1)
Receives a sentence of probation or conditional discharge on or after
September 1, 2005; or
(2)
Is released on parole or a conditional release pursuant to subdivision
1 or 2 of subdivision 14 of § 259-c of the New York State Executive
Law on or after September 1, 2005; or
(3)
Is conditionally released pursuant to § 70.40 of the New York
State Penal Law on or after September 1, 2005.
SCHOOL GROUNDS
A.
Any area in or on or within 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 located within the Town of Maine, or
B.
Any area within the Town of Maine accessible to the public located within
1,000 feet of the real property boundary line comprising any such school or
any parked automobile or other parked vehicle located within 1,000 feet of
the real property boundary line comprising any such school. For the purposes
of this section, an "area accessible to the public" shall mean sidewalks,
streets, parking lots, parks, playgrounds, stores and restaurants.
Level two sex offenders are hereby prohibited from knowingly entering
into or upon any school grounds or any facility or institution primarily use
for the care or treatment of persons under the age of 18 in the Town of Maine;
provided, however, that if such level two sex offender is a registered student
or participant or an employee of such school grounds or facility or institution
primarily used for the care or treatment of persons under the age of 18, or
an entity contracting therewith, or has a family member enrolled in such school
grounds or facility or institution primarily used for the care or treatment
of persons under the age of 18, said level two sex offender may enter upon
such facility only if a written authorization of his or her probation officer
or the court and the superintendent or chief administrator of such school
grounds or facility or institution primarily used for the care or treatment
of persons under the age of 18 is obtained and for the limited purposes authorized
by the probation officer or the court and superintendent or chief officer
of such school grounds or facility. In addition to the foregoing, such level
two sex offender may also lawfully enter into or upon a school grounds or
facility or institution primarily used for the care or treatment of persons
under the age of 18 if he or she: a) has a medical emergency requiring immediate
attention at a health care provider; or b) has lawful business at a federal,
state or local court or governmental agency; or c) is traveling on an interstate
or New York State maintained roadway within the proximity of a school grounds
or a facility or institution primarily used for the care or treatment of persons
under the age of 18. Nothing in this chapter shall be construed as restricting
any lawful condition of supervision that may be imposed on a sentenced level
two sex offender.
Any person who shall violate any provisions of this chapter, upon conviction,
shall be guilty of an offense and subject to a fine of not more than $500
nor less than $100 or imprisonment for a period of not more than six months,
or both, for a conviction of a first offense; for a conviction of a second
offense both of which were committed within a period of five years, punishable
by a fine of not less than $500 nor more than $750 or imprisonment for a period
of not more than six months, or both; and, upon conviction of a third or subsequent
offense all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment for a
period of not more than six months, or both. Each week's continued violation
shall be deemed a separate additional violation. In addition, the Town of
Maine shall have such other remedies as are provided by law to restrain, correct
or abate any violation of this chapter.