[HISTORY: Adopted by the Town Board of the Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
A. 
The highest priority of government is the safety and protection of its residents, especially its children. The Town of Seneca Falls has had placed within its borders a number of sex offenders required to be registered with the State of New York, some of whom have committed criminal sexual offenses against minors. A number of these sex offenders have been categorized as Level II sex offenders who have been determined to pose a moderate risk of committing another sexual crime under the Correction Law of the State of New York. A number of these sex offenders have been categorized as Level III sex offenders who have been determined to pose a high risk of repeat offense and a threat to the public safety under the Correction Law of the State of New York.
B. 
The Town of Seneca Falls has developed an active Recreation Department that oversees the Town's parks and recreation facilities. The Department also facilitates numerous recreation programs for Town residents. The majority of the recreation facilities and programs are designed and promoted for use and participation by the children of the Town.
C. 
The Town Board finds and determines that it is essential to assure residents of the Town of Seneca Falls that Town government continues to make every effort to protect children from such sex offenders.
D. 
This Town Board further finds and determines that it is in the best interests of the Town of Seneca Falls to prohibit sex offenders who have committed sexual offenses against minors from entering into the Town's parks and recreation facilities.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
CHILD or CHILDREN
Persons less than 18 years of age.
SEX OFFENDER
Any person who is convicted of any of the offenses set forth in Subdivision 2, 3 or 7 of § 168-a of the New York State Correction Law, as hereinafter amended, and has received a Level II or Level III designation as defined under Article 6-C of the New York State Correction Law, as hereinafter amended.
TOWN PARK
Active and passive public land designated for recreational or athletic use by the Town of Seneca Falls that is owned or leased by the Town of Seneca Falls. At the time of passage of this article, Town parks include Kid's Territory on West Bayard Street, Vince's Park on Old State Road and the Town playground on Lake Road.
TOWN RECREATION FACILITIES
All land and improvements thereon designated for recreational or athletic purposes by the Town of Seneca Falls that are owned or leased by the Town of Seneca Falls. At the time of passage of this article, Town recreation facilities include the Community Center at 35 Water Street and the pool house and pavilions at Vince's Park on Old State Road.
B. 
The examples given for Town recreation facilities and Town parks in the definitions of "Town park" and "Town recreation facilities" above are not exclusive lists. Any lands currently fitting within the given definitions and lands so designated in the future shall also be subject to this article.
A. 
No sex offender shall enter or remain in or upon any Town park or Town recreation facility, as such terms are defined herein.
B. 
Within 30 days of the passage of this article, all Town parks and Town recreation facilities shall be posted with signs not less than eight inches by 11 inches, bearing a conspicuous statement described in this section. Such signs shall be posted not more than 660 feet apart, close to and along the boundaries of the Town park and Town recreation facility. At least one sign shall be posted on each side of the protected area and on each side of each corner of the protected area, provided the corner can be reasonably ascertained. Illegible or torn down signs shall be replaced at least once a year. Signs shall state the following: "Notice: Pursuant to local law, it is illegal for any Level II or Level III sex offender to enter or remain in or upon this park or recreational facility. Your violation of this local law may subject you to prosecution and punishment, up to and including a fine and imprisonment."
C. 
Upon such posting, no further notice shall be given or required to prove a violation of this article.
D. 
In the absence of such posting, no sex offender shall enter or remain in or upon any Town park or Town recreation facility, as such terms are defined herein, following a personally communicated or written request from any Town employee, peace officer or police officer advising him or her of the relevant portion of this article.
Any violation of the provisions of this article shall be deemed to be an offense and any person adjudged guilty of a violation of this article shall be liable for such violation and penalty therefor and shall, upon conviction thereof, be subject to a fine of not less than $500 and not more than $2,500 per offense, together with a sentence of imprisonment of up to 15 days per offense. Each day, or part thereof, such violation continues following notification under this article shall constitute a separate offense, punishable in a like manner.
[Added 10-5-2015 by L.L. No. 4-2015]
The use of Town parks and Town recreation facilities may be subject to fees for use and other restrictions that will be set from time to time by resolution of the Town Board.