[L.L. No. 4-08, 9-23-2008]
The adoption of Megan's Law has increased public awareness
of sexual offenders by requiring them to become registered with authorities
and making such information available to the public. The Common Council
of the City of Olean hereby enacts this chapter to prevent sex offenders
from residing or living near areas where children regularly meet and
congregate. The common Council believes this legislation is necessary
to further protect the best interests of all children and to protect
the health, safety and welfare of residents in the City of Olean.
[L.L. No. 4-08, 9-23-2008]
As used in this article, the following terms shall have the
meanings indicated:
A licensed nursery or day-care facility for the care of small
children during the day, especially while their parents are at work.[1]
A tract of ground kept in its natural state in the City of
Olean and owned by the city of Olean as for gaming, walking, riding
or the like.[2]
A piece of ground in the City of Olean and owned by the City
of Olean which has been set aside for recreational purposes.[3]
An institution for teaching children in the City of Olean.[4]
[1]
The Olean City Clerk, in collaboration with the City of Olean
Police Department Sex Offender Management Officer, shall prepare a
list contemporaneously with the adoption of this local law identifying
the properties and/or facilities situate in the City of Olean which
fall within the above definitions, and said official list shall be
on file at the Olean City Clerk's office and shall be updated
and amended as needed on or before February 1 of each year.
[2]
The Olean City Clerk, in collaboration with the City of Olean
Police Department Sex Offender Management Officer, shall prepare a
list contemporaneously with the adoption of this local law identifying
the properties and/or facilities situate in the City of Olean which
fall within the above definitions, and said official list shall be
on file at the Olean City Clerk's office and shall be updated
and amended as needed on or before February 1 of each year.
[3]
The Olean City Clerk, in collaboration with the City of Olean
Police Department Sex Offender Management Officer, shall prepare a
list contemporaneously with the adoption of this local law identifying
the properties and/or facilities situate in the City of Olean which
fall within the above definitions, and said official list shall be
on file at the Olean City Clerk's office and shall be updated
and amended as needed on or before February 1 of each year.
[4]
The Olean City Clerk, in collaboration with the City of Olean
Police Department Sex Offender Management Officer, shall prepare a
list contemporaneously with the adoption of this local law identifying
the properties and/or facilities situate in the City of Olean which
fall within the above definitions, and said official list shall be
on file at the Olean City Clerk's office and shall be updated
and amended as needed on or before February 1 of each year.
[L.L. No. 4-08, 9-23-2008]
No person over the age of 18 years who has been convicted of
a violation of a sexual offense upon a child of the age of 16 years
or under, as defined by the New York State Penal Law, which would
require that individual to register as a sex offender under state
and/or federal laws, shall be permitted to reside or live with 1,000
feet of the real property of any school, park, playground and day-care
center, unless such residence has been assigned by a supervised release
program which provides close supervision of the sex offender's
daily activity or the residency of said offender was established prior
to the enactment of this chapter.
[L.L. No. 4-08, 9-23-2008]
Failure to comply with this article within 30 days of written
notice by the City of Olean Police Department Sex Offender Management
Officer or designee of the requirements of this article shall be considered
a violation punishable by a fine not to exceed $1,500 or by imprisonment
not to exceed 15 days, or both.
