City of Middletown, NY Chapter 212 Child Safety Zones

[HISTORY: Adopted by the Common Council of the City of Middletown 6-9-2008. Amendments noted where applicable.]

§ 212-1 Definitions.

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.

§ 212-2 Restrictions on sex offenders.

A. A sex offender shall not have a residence within a child safety zone.

B. A sex offender shall not have employment within a child safety zone.

§ 212-3 Exceptions.

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.

§ 212-4 Penalties for offenses.

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.

§ 212-5 Cessation of Restrictions.

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.