[Adopted 11-29-2005, effective 11-30-2005]
A. 
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.
B. 
Residency restrictions.
(1) 
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.
(2) 
For purposes of this article the following definitions shall apply:
[Added 12-26-2006, effective 1-8-2007]
DAY-CARE CENTER
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.
PARK
Shall include all existing parks and all parks hereafter acquired or duly designated by the City of Buffalo.
PLAYGROUND
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.
SCHOOL
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.
C. 
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.
[Amended 12-26-2006, effective 1-8-2007]