[HISTORY: Adopted by the Board of Trustees of the Village of Malverne at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Malverne hereby finds and determines that:
Sex offenders pose an unreasonable threat to the safety and well-being of children.
Information is currently available to the public regarding these high-risk offenders, which information is available through the internet and other sources.
It is imperative that the Village take all steps necessary to protect the most vulnerable residents of the Village.
Therefore, the purpose of this chapter is to restrict all registered sex offenders from residing within 1,000 feet of any school, licensed day-care center or playground for the protection of children.
As used in this chapter, the following terms shall have the meanings indicated:
- DAY-CARE CENTER
- Any program or facility caring for children for more than three hours per day per child, as those terms are defined in § 390 of the New York Social Services Law.
- HOUSING ACCOMMODATION
- Any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings.
- Any public land designated for recreational or athletic purposes by the Incorporated Village of Malverne, the Town of Hempstead, the County of Nassau, and/or any school district.
- REGISTERED SEX OFFENDER
- Any person who has been convicted of an offense and is registered with the State Division of Criminal Justice Services pursuant to the provisions of Article 6-C of the New York Correction Law.
- Any institution, building or structure used for teaching children or imparting an education.
- Any residential facility providing temporary housing, for which such temporary use and occupancy of the housing facilities the owner or primary tenant of the property receives compensation, either directly from the temporary occupant or through reimbursement from a third party on behalf of such temporary occupant, or both.
It shall be unlawful for all registered sex offenders to reside within 1,000 feet of the property line of any public or private nursery, elementary, middle or high school; or a licensed day-care center; or a playground.
No shelter or housing accommodation shall permit or cause the placement of any registered sex offender if such shelter or housing accommodation is within 1,000 feet of the property line of any public or private nursery, elementary, middle or high school; or a licensed day-care center; or a playground.
The residency restriction established by this section shall remain in effect for as long as the offender is classified as a registered sex offender.
The provisions of this chapter shall not apply to any registered sex offenders who have established a residence prior to June 1, 2006.
The provisions of this chapter shall not apply if a public or private nursery, elementary, middle or high school, or a licensed day-care center, or a playground is newly constructed and is within 1,000 feet of the residence of a registered sex offender who has previously established a residence in that location.
The provisions of this chapter shall not apply to any registered sex offender who is required by court order to reside at a certain location.
Any person, corporation, company, partnership, firm or other legal entity violating any of the provisions of this chapter shall commit an offense, the fine for which shall not exceed $1,000 for each offense. Each daily violation of this chapter shall constitute a separate offense.
This chapter shall apply to all actions occurring on or after June 1, 2006.
Unless otherwise provided, the provisions of this chapter shall be administrated and enforced by the Building Inspector, Deputy Building Inspector, Interim Building Inspector, Assistant Building Inspector and any sworn police officer.
This chapter shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent county, state or federal administrative agency issues and promulgates regulations preempting such action by the Incorporated Village of Malverne. The Board of Trustees of the Incorporated Village of Malverne may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provision of this section. Likewise, if any of the provisions of this chapter shall be determined to be unconstitutional or otherwise unenforceable, it shall not affect the constitutionality or enforceability of the remaining provisions.
Note: Recently the New York State Court of Appeals declared local laws such as this one to be preempted by state law and that state authorities should impose residency restrictions. Nevertheless, in the event of legislative override of this decision, the local statute remains, although local enforcement officials will coordinate prosecution with local District Attorneys or the New York State Attorney General.