[HISTORY: Adopted by the Board of Supervisors of Saratoga
County 4-18-2006 by L.L. No. 5-2006. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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.
D.
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:
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.
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:
A.
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.
B.
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.[1]
C.
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.
