[HISTORY: Adopted by the Board of Trustees of the Village of Johnson
City 12-6-2005 by L.L. No. 7-2005. Amendments
noted where applicable.]
GENERAL REFERENCES
Drug-free school zones — See Ch. 138.
This chapter shall be known as the "Law Regulating the Movement of Certain
Convicted Sex Offenders in Certain Sections of the Village of Johnson City."
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 2005 of the State of New York, 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 Village of Johnson City Board of Trustees 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 Village of Johnson City, and in particular to protect
the children of the Village of Johnson City from access by convicted sex offenders
who may be present in the Village, 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:
Any facility or institution primarily used for the care or treatment
of persons under the age of 18 while one or more of such persons under the
age of 18 are present, including, but not limited to, day-care centers licensed,
certified or otherwise sanctioned by the State of New York and/or a political
subdivision of the State of New York.
A person who:
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
sex offender" pursuant to Subdivision 6 of § 168-l of the New York
State Correction Law; and
By reason of his or her conviction for the offense, the person:
Receives a sentence of probation or conditional discharge on or after
September 1, 2005; or
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
Is conditionally released pursuant to § 70.40 of the New York
State Penal Law on or after September 1, 2005.
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; or any area 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 chapter, 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 used
for the care or treatment of persons under the age of 18; 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 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.
This chapter shall take effect immediately upon its filing with the
office of the New York State Secretary of State.
