Legislative intent. The adoption of Megan's Law has increased
public awareness of sexual offenders by requiring them to become registered
with authorities and making such information available to the public.
The City of Buffalo hereby enacts this article to prevent sex offenders
from residing or living near areas where children regularly meet and
congregate. The City of Buffalo believes this legislation is necessary
to further protect the best interest of all children and to protect
the health, safety and welfare of residents in the City of Buffalo.
No person over the age of 18 who has been convicted of a violation
of a sexual offense upon a child age 16 or under as defined by the
New York State Penal Law, which would require that individual to register
as a sex offender under state and/or federal laws, shall be permitted
to reside or live within 1,500 feet of the real property of any school,
park, playground or day-care center in the City of Buffalo, unless
such residence has been assigned by a supervised release program,
which provides close supervision of the sex offender's daily
activity, or the residency of said offender was established prior
to the enactment of this legislation.
Any public, private or parochial child-care center, school-age
child-care program, day nursery school, kindergarten, play school
or other similar school or service; any child-care arrangement licensed
by the state; any facility that provides child-care services as defined
in § 410-p of the New York State Social Services Law; and
any child-care center as defined in § 319 of the New York
State Social Services Law. The definition of "day-care center" applies
whether or not care is given for compensation but does not include
child day-care centers located in private residences and multiple-dwelling
units.
An outdoor area open to the public where children play, which
contains play equipment such as a sliding board, swing, jungle gym,
sandbox or seesaw, or which is designated as a public play area, or
which includes, but is not limited to, a baseball diamond or basketball
courts.
The buildings, grounds or facilities, or any portion thereof,
owned, occupied by or under the custody or control of public, private
or parochial institutions for the primary purpose of providing educational
instruction to students at or below the twelfth-grade level.
Penalties. Failure to comply with this section is considered a violation and may result in a fine of $1,500 and/or imprisonment for 15 days as provided in § 1-15 of the Charter and Code of the City of Buffalo.