[HISTORY: Adopted by the Town Board of the
Town of Owego 12-19-2006 by L.L. No. 7-2006. Amendments noted where
applicable.]
This article shall be known as the "Law Regulating
the Movement of Certain Convicted Sex Offenders in Certain Sections
of the Town of Owego."
This article 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 article 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 Town of Owego Town
Board has determined that this article 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 Town of Owego, and in particular
to protect the children of the Town of Owego from access by convicted
sex offenders who may be present in the Town, 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 article, 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 three sex offender" pursuant to Subdivision
6 of § 168-1 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.
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 § 168-1 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 article,
an "area accessible to the public" shall mean sidewalks, streets,
parking lots, parks, playgrounds, stores and restaurants.
Level two and level three 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 or level three 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 or level three 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 or level three 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; or d) resided within said
area at the time of the enactment of this article and is traveling
within such area solely for the purpose of getting to and from said
residence, except that if he or she moves from said residence, he
or she must move to a residence outside said area. Nothing in this
article shall be construed as restricting any lawful condition of
supervision that may be imposed on a sentenced level two or level
three sex offender.
[Amended 11-3-2021 by L.L. No. 2-2021]
Any violation of this article shall constitute
a violation with a maximum civil penalty of $250 to be imposed.
