[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park as indicated in article histories. Amendments noted where applicable.]
Article I Residency Restrictions
[Adopted 3-23-2009 by L.L. No. 1-2009]
The Board of Trustees of the Incorporated Village of Massapequa Park ("Village Board") recognizes that the Sex Offender Registration Act, New York's version of Megan's Law (Correction Law Article 6-C), has increased public awareness of sex offenders by requiring them to become registered with authorities and making such information available to the public.
The Village Board finds that registered sex offenders pose a significant threat to the health and safety of the community and especially to children, whose age and inexperience make them particularly vulnerable to the heinous and reprehensible acts of these offenders. The Village Board also finds that the rate of recidivism is high, and programs designed to treat and rehabilitate these types of offenders have been largely ineffective. The Village Board further finds that restricting registered sex offenders from residing in close proximity to places where children are likely to congregate is likely to reduce the opportunity and temptation for, and can minimize the risk of, repeated acts against minors.
It is the intention of the Village Board to exercise its authority pursuant to Article IX of the New York State Constitution and § 10 of the Municipal Home Rule Law to protect and safeguard the lives and well-being of the community, especially minors, from registered sexual offenders by prohibiting registered sex offenders from residing in close proximity to places where children could naturally congregate, such as schools and parks.
This article is intended to create a civil, nonpunitive regulatory scheme in order to protect minors to the extent possible under the circumstances and not as a punitive measure of any kind.
For purposes of this article, the following terms shall have the meanings indicated:
- A person's true, fixed permanent home or fixed place of habitation.
- Any park, playground, athletic field, swimming pool operated by the Village of Massapequa Park, the Massapequa School District, the County of Nassau, the Town of Oyster Bay or the State of New York or any other municipality.
- REGISTERED SEX OFFENDER
- A sex offender who is required to register with the New York State Division of Criminal Justice Services, or other agency having jurisdiction pursuant to the provision of Article 6-C of the Correction Law of the State of New York or other applicable or successor law, whether or not the sex offender has actually registered in compliance with the law of the court of competent jurisdiction.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- A building or property, the principal purpose and use of which is as a place of education, including, but not limited to, public or private preschool, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
It shall be unlawful for any registered sex offender to establish a residence or domicle within a one-mile radius of:
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 279-3 of this article shall have 30 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in § 279-3 of this article.
This article shall not apply to a registered sex offender if that person is required to be domiciled at a location fixed by an order of a court of competent jurisdiction or by any federal, state of county agency having jurisdiction thereof.
Unless otherwise provided, the provisions of this article shall be administered and enforced on behalf of the Board of Trustees by the Building Inspector and by the Nassau County Police Department.
Any person violating the provisions of § 279-3 of this article shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation.
Nothing in this article shall be deemed to impose any civil or criminal liability upon, or give rise to a course of action against, the Village of Massapequa Park or to any official, employee or department of the Village for failing to act in accordance with this article.
[Added 8-13-2012 by L.L. No. 4-2012]
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the article.