[Adopted 11-29-2006 by L.L. No. 29-2006]
As used in this article, the following terms
shall have the meanings indicated:
DAY-CARE CENTER(S)
Any establishment where a child or children are cared for
on a regular basis at a site away from the child's residence for less
than 24 hours per day by someone other than the parent, step-parent,
guardian or relative of the child, whether or not such service is
provided for compensation of any kind. Day-care centers shall include,
but are not limited to: after-school programs, school-age day-care
programs, facilities defined in §§ 390 and 410-p of
the New York State Social Services Law, or any other applicable or
successor law. For the purposes of this article, "day-care center"
shall not apply to services provided in a private dwelling, unless
a substantial portion of the lot where the dwelling is located, as
determined by the Director of Zoning and Planning, has been converted
to such use.
MINOR
Persons under 18 years of age.
PARK
Active and passive public land designated for recreational
or athletic use by the Town of Cicero, County of Onondaga or State
of New York, United States of America or other governmental subdivision,
and located within the Town of Cicero, exclusive of the Village of
North Syracuse. For the purposes of this article, "park" includes
beaches.
PLAYGROUND
Public land designated for recreational or athletic purposes
by any school district, library district, Town of Cicero, County of
Onondaga, State of New York, United States of America or other governmental
subdivision and located within the Town of Cicero, exclusive of the
Village of North Syracuse.
REGISTERED SEXUAL OFFENDER
An individual designated as a Level 2 or Level 3 sexual offender
and who is required to register with the New York State Division of
Criminal Justice Services, or other agency having jurisdiction, pursuant
to the provisions of Article 6-C of the New York State Correction
Law or other applicable or successor law, whether or not the sexual
offender has actually registered in compliance with the law or order
of the court of competent jurisdiction.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SCHOOL
Any portion of private or public land, buildings or structures
utilized primarily for public or private education, as defined by
the New York State Department of Education and/or the New York State
Education Law, and includes, but is not limited to, pre-schools, kindergartens
and nursery schools, elementary, primary, intermediate, junior high,
middle or secondary schools, high schools, vocational and special
education schools. For purposes of this article, "school" shall also
include a teen center such as the CanTeen.
It shall be unlawful for a registered sexual
offender to establish or maintain a residence within:
A. A one-mile radius of the main, secondary or tertiary
entrances of any school or day-care center.
B. A one-thousand-five-hundred-foot radius of the main,
secondary or tertiary entrances of any park or playground.
This article shall not apply to a registered
sexual offender under the following circumstances:
A. A school, day-care center, park, or playground is
newly located after the adoption of this article, and the registered
sexual offender has already established a residence within a distance
from the school, day-care center, park or playground that is prohibited
by this article.
B. If the registered sexual offender is required to reside
at a location fixed by order of a court of competent jurisdiction,
or by any federal, state or county agency having jurisdiction.
C. The registered sexual offender established the residence
prior to November 29, 2006.
[Added 1-11-2008 by L.L. No. 3-2008]
If any part or provision of this article or
the application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances.
This article shall take effect immediately upon
filing in the office of the New York State Secretary of State.