[HISTORY: Adopted by the Town Board of the Town of Hamlin 11-13-2007 by L.L. No. 11-2007 (Ch. 28 of the 1987 Code). Amendments noted where applicable.]
Zoning — See Ch. 520.
The Town Board of the Town of Hamlin 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, which areas include schools, child-care facilities, parks, playgrounds, and those densely populated areas in the Town which are zoned R-H (Residential/High Density).
The Town Board of the Town of Hamlin further determines that it is essential for the Town of Hamlin to make every effort to protect children from sex offenders who have committed sexual offenses against minors.
The Town Board of the Town of Hamlin further determines that it is in the best interests of the health, safety and welfare of the residents of the Town of Hamlin, 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, having employment or otherwise entering or remaining 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.
- CHILD SAFETY ZONE
- The area within 1,000 feet of the real property comprising a public or private elementary, middle or high school, designated school bus stop, child-care facility, nature preserve, park, playground, public or private youth center or public swimming pool, public or commercial recreational facility clearly designed to attract children, including but not limited to theaters, bowling alleys, sports fields, and exercise or sporting facilities, and additionally two-family or multifamily dwellings, apartment buildings, co-ops, condominiums, mobile home (trailer) parks, hotels, motels and rooming houses, including all areas within the Town of Hamlin which are zoned R-H (Residential/High Density).
- 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 Subdivision 1 of § 168-a of the New York State Correction Law.
A sex offender as herein defined entering or remaining within a child safety zone 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, hospice, mental health facility or nursing home. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
The first violation of the provisions of this chapter shall be a Class B misdemeanor punishable by fine up to $500 and imprisonment of up to three months in jail. A second or subsequent violation shall be a Class A misdemeanor punishable by a fine of up to $1,000 and imprisonment of up to one year in jail.
The Monroe County Sheriff or any other law enforcement agency shall have the power to enforce the provisions of this chapter.
The restrictions outlined in § 250-3 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law, Article 6-C (the Sex Offender Registration Act).
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person or circumstance shall be adjudged 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, section or part of this chapter or in its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.