[HISTORY: Adopted by the Town Board of the Town of Royalton 5-8-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
The highest priority of government is the safety and protection of its residents, especially its children. From time to time, a number of registered sex offenders have been, or may be, living within the Town of Royalton. 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. A number of these sex offenders have been categorized Level III Sex Offenders, who have been determined to pose a high risk of committing another sexual crime.
This Town Board finds and determines that it is essential to assure residents of Town of Royalton that Town government continues to make every effort to protect children from sex offenders.
This Town Board further finds and determines that it is in the best interests of the Town of Royalton citizens to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors.
Accordingly, the purpose of this chapter is to prohibit sex offenders from residing within, or entering within, a radius of 1,500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park.
As used in this chapter, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- Licensed and/or registered child day-care centers, group family day-care homes and family day-care homes as defined by the New York State Social Services Law.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- SEX OFFENDER
- A person who has been convicted of a sexual offense against a minor and has received a Level II or III designation as defined under Article 6-C of the New York State Correction Law.
A sex offender as herein defined shall not reside within, or enter within, a radius of 1,500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park. Notwithstanding, however, a sex offender may enter within fifteen-hundred-foot radius solely for the purpose of employment, shopping or attending appointments, but in no event shall the sex offender enter on to the premises of a public or private school, nursery school, preschool, registered day-care center, playground, or park while working, shopping or attending an appointment.
This section shall not require sex offenders who reside in the Town as of this chapter's effective date to change their residence if their residence violates the restrictions in this section. Any subsequent changes in residence, however, shall comply with the restrictions in this section.
Notification of passage of this chapter, and of these prohibitions, shall be delivered in writing, by the Niagara County Sheriff, to each and every Level II and Level III Registered Sex Offender now residing, or in the future residing within the County of Niagara. Notifications will also be delivered in writing, by the Niagara County Sheriff, to Village of Middleport Police Department, the New York State Police, the New York State Division of Parole, the Niagara County Parole Department, all School Districts and private schools within the Town of Royalton, and all child-care facilities in the Town of Royalton, as defined in this chapter.
Any violation of the provisions of this chapter shall be deemed to be an a misdemeanor punishable by a fine not exceeding $1,000; or imprisonment for a term not exceeding one year; or both such fine and imprisonment.