[HISTORY: Adopted by the Board of Trustees
of the Village of Middleport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-17-2008 by L.L. No. 1-2008]
A.
The highest priority of government is the safety and
protection of its residents, especially its children. The Village
of Middleport has had placed in its borders a large number of registered
sex offenders, some of who have committed criminal sexual offenses
against minors. A number of these sex offenders have been categorized
as Level II sex offenders who have been determined to pose a moderate
risk of committing another sexual crime. A number of these sex offenders
have been categorized as Level III sex offenders who have been determined
to pose a high risk of committing another sexual crime.
B.
The Village of Middleport Board of Trustees finds
and determines that it is essential to assure residents of the Village
of Middleport that the Village government continues to make every
effort to protect children from sex offenders.
C.
This Board further finds and determines that it is
in the best interests of Village of Middleport citizens to establish
residency and proximity restrictions for sex offenders who have committed
criminal sexual offenses against minors.
D.
This Board further finds that residency in close proximity
to areas where minors are required to be present or congregate for
recreation purposes poses an unacceptable level of danger.
E.
Accordingly, the purpose of this article is to prohibit
sex offenders from residing within, or entering within, a radius of
500 feet measured from the main, or secondary or tertiary, entrances
of a public or private school, nursery school, preschool, child-care
facility, playground, or park.
As used in this article, the following terms
shall have the meanings indicated:
A licensed and/or registered child day-care center, group
family day-care home and family day-care home as defined by the New
York State Social Services Law.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A person who has been convicted of a sexual offense against
a minor and has received a Level II or III designation as defined
under Article 6-C of the New York State Correction Law.
A sex offender as herein defined shall not reside
within, or enter within, a radius of 500 feet measured from the main,
or secondary or tertiary, entrances of a public or private school,
nursery school, preschool, child-care facility, playground, or park.
Notwithstanding, however, a sex offender may enter within the five-hundred-foot
radius solely for the purpose of employment, shopping or attending
appointments, or traveling from one point to another, but in no event
shall the sex offender enter onto the premises of a public or private
school, nursery school, preschool, registered day-care center, playground,
or park while working, shopping or attending an appointment.
This article shall not require any person to
move from his/her residence as established prior to the enactment
of this article.
Any violation of the provisions of this article
shall be a Class A misdemeanor punishable by a fine not exceeding
$1,000 or imprisonment for a term not exceeding one year, or both
such fine and imprisonment.
