[HISTORY: Adopted by the Board of Trustees of the Village
of North Syracuse as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-12-2013 by L.L. No. 2-2013]
A.Â
The Village Board finds that sex offenders are a significant threat
to the health, safety and welfare of the community as a whole. Children
in particular, because of their age and inexperience, are particularly
vulnerable to the threat posed by sexual offenders.
B.Â
The Village board finds that Megan's Law[1] has increased public awareness of sexual offenders because
sexual offenders are required to register with authorities and that
information is available to the general public.
[1]
Editor's Note: See Corrections Law Section 168 et seq.
and the New York Sex Offender Registration Act; See also Article 6-C
of the Corrections Law.
C.Â
A local law that will restrict the potential contact between registered
sexual offenders and children reduces the opportunity and temptation
for sexual offenders and is rationally related to minimizing the risk
of repeated sexual offenses against minors,
D.Â
The Village Board finds that the most significant threat to the health,
safety and welfare of the community and children comes from those
sex offenders designated as Level 2 or Level 3 offenders under Article
6-C of the New York State Correction Law.
E.Â
In enacting this article, the Village Board intends to exercise the
authority granted to it under the New York State Constitution, the
Municipal Home Rule Law, the Town Law, and any other applicable or
successor law presently in existence or enacted in the future, to
protect the health, safety and welfare of the community, and especially
children, from registered sexual offenders.
F.Â
The Village Board finds, after careful consideration and due deliberation,
that this article is the most narrowly tailored means of limiting
the opportunity for registered sexual offenders to come into contact
with children in the places where children generally congregate. Further,
the Village Board finds that the protection of the community, in particular,
children, is a compelling governmental interest.
G.Â
The Village Board understands that even with the adoption of this
article, it cannot fully remove the threat posed by sex offenders,
guarantee the safety of the community or minors, or guarantee that
registered sexual offenders will comply with this legislation.
H.Â
The Village Board's intent in adopting this article is to create
a civil, nonpunitive regulatory scheme that will protect the community
and children to the extent possible under the circumstances. This
article is not a punitive measure.
As used in this article, the following terms shall have the
meanings indicated:
Person(s) under the age of 18 years.
Any establishment where a child or children are cared for
on a regular basis at a site away from the child's residence
for less than 24 hours per day by someone other than the parent, step-parent,
guardian or relative of the child, whether or not such service is
provided for compensation of any kind. Day-care centers shall include,
but are not limited to: after-school programs, school-age day-care
programs, facilities defined in Sections 390 and 410-p of the New
York State Social Services Law, or any other applicable or successor
law. For the purposes of this article, "day-care center" shall not
apply to services provided in a private dwelling, unless a substantial
portion of the lot where the dwelling is located, as determined by
the Director of Zoning and Planning, has been converted to such use.
Persons under 18 years of age.
Active and passive public land designated for recreational
or athletic use by the Village of North Syracuse, County of Onondaga
or State of New York, United States of America or other governmental
subdivision, and located within the Village of North Syracuse.
Public land designated for recreational or athletic purposes
by any school district, library district, County of Onondaga, State
of New York, United States of America or other governmental subdivision
and located within the Village of North Syracuse.
An individual designated as a Level 2 or Level 3 sexual offender
and 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 New York State Correction
Law or other applicable or successor law, whether or not the sexual
offender has actually registered in compliance with the law or order
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.
Any portion of private or public land, buildings or structures
utilized primarily for public or private education, as defined by
the New York State Department of Education and/or the New York State
Education Law, and includes, but is not limited to, preschools, kindergartens
and nursery schools, elementary, primary, intermediate, junior high,
middle or secondary schools, high schools, vocational and special
education schools. For purposes of this article, "school" shall also
include a teen center such as the CanTeen.
It shall be unlawful for a registered sexual offender to establish
or maintain a residence within:
This article shall not apply to a registered sexual offender
under the following circumstances:
A.Â
A school, day-care center, park, or playground is newly located after
the adoption of this article, and the registered sexual offender has
already established a residence within a distance from the school,
day-care center, park or playground that is prohibited by this article.
B.Â
If the registered sexual offender is required to reside at a location
fixed by order of a court of competent jurisdiction, or by any federal,
state or county agency having jurisdiction.
C.Â
The registered sexual offender established the residence prior to
January 1, 2014.
A.Â
A registered sexual offender who resides within an area prohibited
by this article shall, upon written notice from the Chief of Police,
permanently discontinue said residence within six months of receipt
of such notice. The notice shall be in a form acceptable to the Chief
of Police, shall include a copy of this article, and shall be mailed
to the registered sexual offender by the Police Department by certified
or registered mail, return receipt requested, and by regular mail.
Proof that the registered sexual offender has permanently relocated
shall be provided by the offender to the Chief of Police within 30
days of such relocation.
B.Â
In the event that a registered sexual offender fails, refuses and/or
neglects to relocate or otherwise does not cease using the residence,
then he or she shall be deemed to have committed a violation of this
article. A violation of this article shall be a Class A misdemeanor,
punishable by a fine of up to $500 and 15 days' imprisonment, or both,
for a first offense, and up to a fine of $1,000 and six months' imprisonment
for a second offense. Each week's continued violation shall constitute
a separate offense.
If any part or provision of this article or the application
thereof to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.
