[L.L. No. 8-2007, § 1]
For purposes of this chapter, the following terms shall have
the meanings indicated:
DOMICILE
A person's true, fixed permanent home or fixed place
of habitation.
PARK
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.
REGISTERED SEX OFFENDER
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.
RESIDENCE
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]
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.