[L.L. No. 8-2007, § 1]
(a)
The Board of Trustees of the Village of Tuckahoe ("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)
The Village Board further finds that Level 2 and Level 3 sex offenders
present a particular danger when they live in close proximity to parks
and playgrounds where children play and congregate. The Village's
compelling governmental interest in ensuring that children and those
of a vulnerable population do not become victims of sex crimes is
best served by limiting the occasions for contact between vulnerable
populations and these registered sex offenders, and the residency
restriction contained in this chapter is therefore necessary to protect
vulnerable populations from sex offenders who may relapse into criminal
behavior.
(d)
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 Level 2 and Level 3 registered sex
offenders from residing in close proximity to places where children
could naturally congregate, such as public parks and playgrounds.
(e)
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.
[L.L. No. 8-2007, § 1]
For purposes of this chapter, the following terms shall have
the meanings indicated:
A person's true, fixed permanent home or fixed place
of habitation.
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a low risk of recidivism.
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a moderate risk of recidivism.
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a high risk of recidivism.
The multipurpose basketball, tennis and playground courts
known as Main Street Park, located at the corner of Main Street and
Marbledale Road, Tuckahoe, New York; Constitution Park and Playground,
located at the corner of Circuit Avenue and Pleasant Avenue, Tuckahoe,
New York; Fisher Park and Playground, located at the corner of Fisher
Avenue and Marbledale Road, Tuckahoe, New York; Garrett Park, located
at or about Tuckahoe Road and Yonkers Avenue, Tuckahoe, New York;
Union Park, located at the corner of Union and Washington Streets,
Tuckahoe, New York; and Parkway Oval Park, located at the corner of
Bronx Street and Railroad Avenue, Tuckahoe, New York.
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 of the court of competent jurisdiction.
The place where a person sleeps, which may include more than
one location and may be mobile or transitory.
[L.L. No. 8-2007, § 1]
It shall be unlawful for any Level 2 registered sex offender
or Level 3 registered sex offender to establish a residence or domicile
within a radius of 1,000 feet of any park as defined herein.
[L.L. No. 8-2007, § 1]
Any Level 2 registered sex offender or Level 3 registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 19A-3 of this chapter shall have 60 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 § 19A-3 of this chapter.
[L.L. No. 8-2007, § 1]
(a)
This chapter shall not apply to any Level 1 registered sex offender.
(b)
This chapter shall not apply to any Level 2 registered sex offender
or Level 3 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.
(c)
This chapter shall not apply to any premises or properties that are located outside of the geographical boundaries of the Village of Tuckahoe regardless of whether said premises or properties are the residence or domicile of a Level 2 registered sex offender or Level 3 registered sex offender or said premises or properties are located within the radius of 1,000 feet stated in § 19A-3 herein.
[L.L. No. 8-2007, § 1]
(a)
The residency restriction of § 19A-3 herein shall not apply to any Level 2 registered sex offenders or Level 3 registered sex offenders who have established residences or domiciles prior to the effective date of this chapter or to any Level 2 registered sex offender or Level 3 registered sex offender under the age of 18 years of age residing with his or her parents or legal guardian.
(b)
A Level 2 registered sex offender or a Level 3 registered sex offender
does not commit a violation of this chapter if said Level 2 registered
sex offender or Level 3 registered sex offender has established a
residence or domicile and thereafter a park, subject to the restrictions
of this chapter, is newly located within a radius of 1,000 feet of
the residence or domicile of said Level 2 registered sex offender
or said Level 3 registered sex offender.
[L.L. No. 8-2007, § 1]
Unless otherwise provided, the provisions of this chapter shall
be administered and enforced by the Code Enforcement Officer of the
Village, as set forth in the Village Code of the Village of Tuckahoe,
and by the Village of Tuckahoe Police Department.
[L.L. No. 8-2007, § 1]
Any person violating the provisions of this chapter shall, upon
conviction, be subject to a fine of up to $2,500. Each and every day
a violation continues shall be deemed a separate violation.
[L.L. No. 8-2007, § 1]
Nothing in this chapter shall be deemed to impose any civil
or criminal liability or give rise to a cause of action against the
Village of Tuckahoe or to any elected or appointed officer, official,
employee or department of the Village for failing to act in accordance
with this chapter.
[L.L. No. 8-2007, § 1]
No person may rent, lease or let residential space (including,
but not limited to, a room, apartment, condominium or house) to a
Level 2 registered sex offender or Level 3 registered sex offender
without having received a letter from the Village Clerk of the Village
of Tuckahoe that such rental, lease or letting is not in violation
of this chapter. A request for such letter shall be acted upon by
the Village Clerk within five business days of receipt of such request
by the Village Clerk.
[L.L. No. 8-2007, § 1]
Upon the enactment by New York State or Westchester County of
a law which purports to afford the same or greater protection of the
people of the State of New York and/or the County of Westchester,
including the residents of the Village of Tuckahoe, as provided by
this chapter, any member of the Village Board may place upon the agenda
of the Village Board a local law providing for the repeal of this
chapter, and the Village Board shall consider the same at its next
regular meeting. If the Village Board determines that the New York
State or Westchester County law provides the same or greater protection
to residents of the Village of Tuckahoe, this chapter shall immediately
be of no force and effect, and the Village Board shall repeal the
same by local law to that effect.
[L.L. No. 8-2007, § 1]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction or other tribunal
having jurisdiction, such decision shall not affect the validity of
the remaining portions of this chapter.
