As used in this chapter, the following terms
shall have the meanings indicated:
CHILD-CARE FACILITY
A.
Childrens Corner, located at 203-231 Dolson
Avenue Rear;
B.
Hilltop, located at 133-203 Monhagen Avenue
Rear;
C.
Middletown Day Nursery, located at 58-70 East
Main Street; and
D.
OCCC Daycare, located at 109-131 South Street.
CHILD SAFETY ZONE
Any parcel of land in the City of Middletown within 750 feet
of the boundary lines of any parcel of real property in the City of
Middletown on which is situated a school, park, youth center or child-care
facility.
CHILD SAFETY ZONE MAP
A map depicting all child safety zones within the City of
Middletown, to be maintained and made available for public viewing
in the office of the City Clerk.
EMPLOYMENT
Doing work, whether or not for financial gain.
PARK
A.
Academy Avenue Park, located at 46-58 Academy
Avenue;
B.
Beattie Hill Park, located at 100-102 Prospect
Avenue;
C.
Ben and Paula Amchir Park, located at 2-12 Birch
Drive;
D.
Bennett Hill Park, located at 105-117 East Avenue;
E.
Chappell Memorial Park, located at 57-63 Beacon
Street;
F.
Fancher Davidge Park, located at 158-170 Lake
Avenue;
G.
Jerome Neil Park, located at 118-120 Linden
Avenue;
H.
Maple Hill Park, located at California Avenue/West
Main Street;
I.
Sproat Street Park, located at 28-36 Sproat
Street;
J.
Thrall Park, located at 21-41 Grove Street;
and
K.
Watts Memorial Park, located at 5-15 Wisner
Avenue/100-142 Watkins Avenue.
RESIDENCE
The place where a person sleeps, which may include more than
one location and may be mobile and/or transitory.
SCHOOL
A.
Chorley School, located at Sunset Street/Highland
Avenue Rear;
B.
Middletown High School, located at 30 Gardner
Avenue Extension;
C.
Liberty Street School, located at 2-10 Liberty
Street;
D.
Linden Avenue School, located at 83-91 Linden
Avenue;
E.
Montessori School, located at 31-33 Albert Street;
F.
St. Joseph's School, located at 109-133 Cottage
Street;
G.
Truman Moon School, located at 51 Bedford Avenue;
and
H.
Twin Towers School, located at 100 Grand Avenue,
84-86 1/2 Irwin Avenue, and 1-15 Horton Avenue.
SEX OFFENDER
A person who has been convicted of a sexual offense as defined
in Subdivision 1 of § 168-a of the Correction Law of the
State of New York.
YOUTH CENTER
A.
YMCA, located at 81-99 Highland Avenue; and
B.
Michael Perkins Community Center, located at
45-51 Academy Avenue.
A sex offender having a residence or employment
within a child safety zone does not commit a violation of this chapter
if any of the following apply:
A. The sex offender is serving a sentence at a jail,
prison, juvenile facility or other correctional institution or facility,
or is an inpatient in a hospital, hospice, mental-health facility
or nursing home. This exception shall not apply to an individual who
initiates or maintains contact with a minor within that child safety
zone.
B. The sex offender has established a residence or employment
that would otherwise be in violation of this chapter prior to the
effective date of this chapter. This exception shall not apply to
an individual who initiates or maintains contact with a minor within
that child safety zone other than for purposes relating to schooling.
C. The sex offender only intermittently or sporadically
enters a child safety zone for the purposes of employment. This exception
shall not apply to an individual who initiates or maintains contact
with a minor within that child safety zone.
D. The sex offender is a minor or a ward under a guardianship.
This exception shall not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
E. The sex offender has a residency upon property owned
by the offender or his/her spouse, parent or child, which property
was utilized for residential purposes by such offender, spouse, parent
or child prior to the effective date of this chapter.
The first violation of the provisions of this
chapter shall be a Class B misdemeanor punishable, upon conviction,
by imprisonment for a period not exceeding three months or by a fine
not exceeding $500, or by both such fine and imprisonment, and/or
by any other penalty provided for such misdemeanors in Title E of
the Penal Law of the State of New York. A second or subsequent violation
shall be a Class A misdemeanor punishable, upon conviction, by imprisonment
for a period not exceeding one year or by a fine not exceeding $1,000,
or by both such fine and imprisonment, and/or by any other penalty
as provided for such misdemeanors in Title E of the Penal Law of the
State of New York.
The restrictions outlined in §
212-2 shall cease when the sex offender is no longer required to register and/or verify pursuant to § 168-h of the Correction Law of the State of New York.