[Adopted 6-8-2010 by L.L. No. 34-2010 (Ch. 428, Part 3,
of the 1985 Code)]
A.Â
This Legislature hereby finds and determines that the State of New
York established a sex offender registry to assist law enforcement
agencies and allow citizens to know when sex offenders are residing
in their neighborhoods and communities.
B.Â
This Legislature also finds that the County of Suffolk provided another
layer of protection for its citizens by enacting Local Law No. 12-2006,[1] which prohibits sex offenders from residing within 1/4
mile of any school, day-care center or playground.
C.Â
This Legislature also finds that sex offenders sometimes establish
transitory or permanent residence at hotels and motels and other guests
of these establishments are unaware that they are living in close
proximity to sex offenders.
D.Â
This Legislature further determines that the County of Nassau amended
its sex offender residency law to require sex offenders to disclose
their sex offender status upon establishing residence at a hotel or
motel. This Part 3 also requires hotels or motels to post a sign informing
potential customers when one or more registered sex offenders are
staying on premises.
E.Â
This Legislature also finds that persons intending to stay at a hotel
or motel in Suffolk County have a right to know if a sex offender
is on the premises so they can take appropriate action to protect
themselves and their families.
F.Â
Therefore, the purpose of this Part 3 is to require Level 2 and Level
3 sex offenders to disclose their status when checking into a hotel
or motel and to require hotels and motels to share this information
with their guests by posting appropriate signage.
As used in this Part 3, the following terms shall have the meanings
indicated:
A person's true, fixed, permanent home or fixed place of
habitation.
Any establishment regularly used to provide lodging for travelers
and other paying guests.
A person who has been classified as a Level 2 or Level 3
sex offender and who is required to register with the New York State
Division of Criminal Justice Services, or other agency having jurisdiction,
pursuant to the provisions of Article 6-C of the New York Correction
Law.
The place where a person sleeps, which may include more than
one location and may be mobile and transitory.
A.Â
Any registered sex offender shall notify the owner, manager or employee
of a hotel or motel of his or her sex offender status at the time
he or she establishes residence or domicile at said hotel or motel.
B.Â
A hotel or motel housing a registered sex offender shall be required
to post a sign in a prominent and visible area behind its registration
desk which informs potential customers or guests that there are one
or more registered sex offenders staying on the premises. The lettering
of the sign shall be in at least thirty-six-point print.
C.Â
If a person is making a reservation via the Internet or by telephone
to stay at such hotel or motel, the hotel or motel shall inform the
customer at such time that one or more sex offenders are staying on
the premises.
Any intentional violation of this Part 3 shall constitute a
violation punishable by a fine not to exceed $250. Each day in which
a violation continues shall constitute a separate violation.
This Part 3 shall apply to actions occurring on or after the
effective date of this Part 3.
This Part 3 shall take effect on the 60th day immediately subsequent
to its filing in the Office of the Secretary of State.
