§ 264-1Legislative intent and purpose.
§ 264-3Residency and employment restricted.
§ 264-5Penalties for offenses.
This Board of Supervisors finds and determines that due to the recidivism rate among convicted sex offenders following their release from confinement, there exists a heightened potential for reoccurrence of their crimes when they reside, have employment or frequent areas where children are likely to regularly congregate, such as public or nonpublic elementary, middle and high schools, child-care facilities, parks, playgrounds, public or private youth centers or public swimming pools.
This Board of Supervisors further determines that it is essential for the Saratoga County government to make every effort to protect children from sex offenders who have committed sexual offenses against minors.
This Board of Supervisors further determines that it is in the best interests of the safety, health and welfare of the citizens of Saratoga County, and particularly its children, to establish residency restrictions and restrictions on location of employment and other activities for sex offenders who have committed sexual offenses against minors.
It is the purpose of this chapter to prohibit sex offenders from residing or having employment within 1,000 feet of areas and facilities that would provide them easy access to potential victims.
As used in this chapter, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- A licensed and/or registered nursery, preschool, child day-care center, group family day-care home, and family day-care home as defined by the New York State Social Services Law.
- Doing work, whether or not for financial gain.
- The place where a person sleeps, which may include more than one location and may be mobile and/or transitory.
- SEX OFFENDER
- A person who has been convicted of a sexual offense as defined in paragraph 1 of § 168-a of the New York State Corrections Law.
A sex offender as herein defined shall not reside or have employment within 1,000 feet of the real property comprising a public or private elementary, middle or high school, child-care facility, park, playground, public or private youth center or public swimming pool.
A sex offender as herein defined residing within 1,000 feet of the real property comprising a public or private elementary, middle or high school, child-care facility, park, playground, public or private youth center, or public swimming pool does not commit a violation of this chapter if any of the following apply:
The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility or is an inpatient in a hospital or nursing home.
The sex offender has established a residence or employment which would otherwise be in violation of this chapter prior to the effective date of this chapter, or a public or private elementary, middle or high school, child-care facility, park, playground, public or private youth center or public swimming pool is newly located on or after the effective date of this chapter.
The sex offender is a minor or a ward under a guardianship.
The first violation of the provisions of this chapter shall be a violation, punishable by a fine of up to $250 and imprisonment of up to 15 days in jail. A second or subsequent violation shall be a Class A misdemeanor, punishable by a fine of up to $500 and imprisonment of up to six months in jail.
If any clause, sentence, paragraph, subdivision, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this chapter or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.