[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2009 by L.L. No. 1-2009]
The State of New York has increased public awareness of convicted sex offenders by requiring them to become registered with authorities and making such information available to the public. In order to safeguard and protect the health, safety and well-being of the children of the Village of East Rochester (hereafter "The Village"), and in particular to protect the children of the Village 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 state law, particularly in the areas of school grounds, playgrounds, parks, recreational facilities, community center and day-care facilities.
As used in this article, the following terms shall have the meanings indicated.
- ADULT SEX OFFENDER
- A person at least 18 years old who has been convicted of a violation of a sexual offense upon a child under 17 years of age, and who has been designated as a Level Two or Level Three sexual offender pursuant to the Correction Law of the State of New York.
- Persons under 18 years of age.
- DAY-CARE FACILITY
- Any facility providing child care which is licensed or subject to licensing by the State of New York, including but not limited to a school-age child-care program, group family day-care home, family day-care home, child day-care center or small day-care center.
- Any public parkland located within the Village of East Rochester.
- Any area or piece of land used for or equipped with facilities for recreation use by children.
- RECREATIONAL FACILITY
- Any building or playing field, including but not limited to a skateboard park, dance studio or camp, where children congregate for the purpose of recreational or sports play or instruction.
- SCHOOL GROUNDS
- 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, charter or private school.
No adult sex offender shall be permitted to temporarily or permanently reside or live in the Village of East Rochester within 2,000 feet of any school grounds, playgrounds, parks, recreational facilities, community center or day-care facilities. Such distance shall be measured from the closest lot line of property containing the residence of the adult sex offender to the closest lot line of any school grounds, playgrounds, parks, recreational facilities, community center and day-care facilities.
No adult sex offender shall be permitted to knowingly enter any school grounds, playgrounds, parks, recreational facilities, community center or day-care facilities within the Village of East Rochester. However, if such adult sex offender is a registered student, participant or employee of such facility, or has a family member enrolled in such facility, then said adult sex offender may enter with the prior written permission of the primary supervisor of the facility.
No person shall knowingly rent to or otherwise provide residential housing for an adult sex offender in a manner that would violate § 145-3 of this article.
Any adult sex offender living within the Village of East Rochester shall immediately notify the Village of East Rochester Clerk, in writing, of his or her name and residential address. Any such person shall immediately notify the Village of East Rochester Clerk in the event of his or her name change or address change, together with his or her new name and address.
An adult sex offender who resides within an area proscribed by § 145-3 on this chapter's effective date may continue to reside at the same location until January 1, 2010.
Violation of this article shall be a Class A misdemeanor, punishable by a fine of up to $500 and 15 days' imprisonment for a first offense, and by a fine of up to $1,000 and six months' imprisonment for any further offense. This article may be enforced by any police officer or peace officer with jurisdiction within the Town. Moreover, the Town may bring any action in a court of competent jurisdiction to compel compliance with this article.
All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed.
If any clause, sentence or provision of this article is determined invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect immediately upon its filing.