[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola 1-10-2007 by L.L. No. 1-2007 (Ch. 57 of the 1994 Code). Amendments
noted where applicable.]
A.
The Board of Trustees of the Incorporated Village of Mineola ("Village
Board") recognizes that the Sex Offender Registration Act, New York's
version of Megan's Law (Correction Law Article 6-C), has increased
public awareness of sex offenders by requiring them to become registered
with authorities and making such information available to the public.
B.
The Village Board finds that registered sex offenders pose a significant
threat to the health and safety of the community and especially to
children, whose age and inexperience make them particularly vulnerable
to the heinous and reprehensible acts of these offenders. The Village
Board also finds that the rate of recidivism is high, and programs
designed to treat and rehabilitate these types of offenders have been
largely ineffective. The Village Board further finds that restricting
registered sex offenders from residing in close proximity to places
where children are likely to congregate is likely to reduce the opportunity
and temptation for, and can minimize the risk of, repeated acts against
minors.
C.
It is the intention of the Village Board to exercise its authority
pursuant to Article IX of the New York State Constitution and § 10
of the Municipal Home Rule Law to protect and safeguard the lives
and well-being of the community, especially minors, from registered
sexual offenders, by prohibiting registered sex offenders from residing
in close proximity to places where children could naturally congregate,
such as schools, child day-care centers, community centers, public
libraries, parks, playgrounds and other recreational facilities.
D.
This chapter is intended to create a civil, nonpunitive regulatory
scheme in order to protect minors to the extent possible under the
circumstances and not as a punitive measure of any kind.
For purposes of this chapter, the following terms shall have
the meanings indicated:
A building or property that provides care for six or more
children during the day or evening hours by someone other than the
parent, stepparent, guardian or relative of the child, whether or
not tuition, fees or other forms of compensation are charged, and
regardless of whether or not the facility is licensed by any state
or other governmental agency.
A building or property where members of a community congregate
for social, cultural, or recreational purposes.
A person's true, fixed, permanent home or fixed place
of habitation.
Any park, playground, athletic field, or swimming pool operated
by the Village of Mineola, the Mineola School District, the County
of Nassau, the Town of North Hempstead or the State of New York or
any other municipality.
A library supported with public funds, accessible to the
general public.
A sex offender 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 Correction
Law of the State of New York or other applicable or successor law,
whether or not the sex offender has actually registered in compliance
with the law or order of the court of competent jurisdiction.[1]
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A building or property whose principal purpose and use is
as a place of education, including, but not limited to, public or
private preschool, elementary and secondary schools, vocational schools
and other non-degree-granting schools, including self-defense, dance,
swimming, gymnastics and similar instruction/programs.
It shall be unlawful for any registered sex offender to establish
a residence or domicile within a one-thousand-foot radius of any school,
child day-care center, community center, public library, park, playground
and other recreational facility.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 439-3 of this chapter shall have 30 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in § 439-3 of this chapter.
This chapter shall not apply to a registered sex offender if
that person is required to be domiciled at a location fixed by an
order of a court of competent jurisdiction or by any federal, state
or county agency having jurisdiction thereof.
The residency restriction of § 439-3 shall not apply to registered sex offenders who have established residences or domiciles prior to the effective date of this chapter or to a registered sex offender under the age of 18 years of age residing with his/her parent(s) or legal guardian.
Unless otherwise provided, the provisions of the chapter shall be administered and enforced by the Code Enforcement Officer of the Village, as set forth in § 25-3A of the Municipal Code of the Incorporated Village of Mineola, and by the Nassau County Police Department.
Any person violating the provisions of § 439-3 of this chapter shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation.
Nothing in this chapter shall be deemed to impose any civil
or criminal liability upon, or give rise to a cause of action against,
the Village of Mineola or any official, employee or department of
the Village for failing to act in accordance with this chapter.
