[HISTORY: Adopted by the Board of Trustees of the Village
of Malone as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-9-2007 by L.L. No. 1-2007]
A.Â
The Village Board of the Village of Malone finds and determines that
it is essential to protect the health, safety and welfare of the children
of the Village of Malone.
B.Â
The Village Board of the Village of Malone further finds and determines
that it is in the best interests of the Village of Malone citizens
to establish residency restrictions for sex offenders who have committed
criminal sexual offenses against minors.
C.Â
Accordingly, the purpose of this article is to prohibit sex offenders
from residing within 1,000 feet of areas that would provide them easy
access to potential victims.
As used in this article, the following terms shall have the
meanings indicated:
Any facility or institution primarily used for the care or
treatment of persons under the age of 18 including, but not limited
to, day-care centers licensed, certified or otherwise sanctioned by
the State of New York and/or a political subdivision of the State
of New York.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Any area in or on or within any building, structure, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate,
junior high, vocational, or high school, or any area accessible to
the public located within 1,000 feet of the real property boundary
line comprising any such school or any parked automobile or other
parked vehicle located within 1,000 feet of the real property boundary
line comprising any such school. For the purposes of this article,
an "area accessible to the public" shall mean sidewalks, streets,
parking lots, parks, playgrounds, stores and restaurants.
A person who has been convicted of an offense defined in
Article 130, 235 or 263 of the New York State Penal Law, or § 225.25
of the New York State Penal Law and the victim of the offense was
a person under the age of 18 at the time of the offense; or is designated
as a "level two" or "level three" sex offender pursuant to Subdivision
6 of § 168-1 of the New York State Correction Law.
The residence of a sex offender as herein defined shall not
be located within 1,000 feet of the real property comprising a child
care facility or school grounds.
A sex offender with a residence within 1,000 feet of the real
property comprising a child-care facility or school grounds does not
commit a violation of this article if any of the following apply:
A.Â
The sex offender is serving a sentence at a jail, prison, juvenile
facility or other correctional institution or facility.
B.Â
The sex offender has established said residence prior to April 9,
2007, or a child care facility is newly located within 1,000 feet
of said residence on or after April 9, 2007.
C.Â
The sex offender is a minor or a ward under a guardianship.
A violation under this article shall be subject, upon conviction,
to a fine of not more than $250 or imprisonment for a period not exceeding
15 days, or both such fine and imprisonment. Each violation shall
be deemed a separate offense.
If any article, section, subdivision, paragraph, sentence, clause,
word or part of provision of this article, or the application itself,
shall be adjudged by any court of competent jurisdiction to be invalid,
such adjudication shall not affect, impair or invalidate the remainder
thereof, but shall be confined to its operation to the article, section,
subsection, paragraph, sentence, clause, word or part or provision
thereof directly involved in the controversy in which such judgment
shall have been rendered.
This article shall take effect immediately upon its filing in
the Office of the Secretary of State.
