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.
LOITER/LOITERING
Any act whereby a person wanders or remains idle in essentially
one place or location or sits, lounges, walks aimlessly or repeatedly
frequents the same location or repeatedly circles a place, location
or area.
PARK
Any park, playground, athletic field, swimming pool operated
by the Village of Farmingdale, the Farmingdale School District, the
County of Nassau, the Town of Oyster Bay or the State of New York
or any other municipality.
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 provision 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.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SCHOOL
A building or property, the principal purpose and use of
which is as a place of education, including, but not limited to, public
or private preschool, elementary and secondary schools, vocational
schools as well non-degree-granting schools, including but not limited
to, self-defense, dance, swimming, gymnastics or similar schools,
or similar places of instruction or programs.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in §
456-3 of this chapter shall have 30 days from receipt of a written notice of violation to relocate to a location which does not violate the restrictions set forth in §
456-3 of this chapter. Notice of violation shall also be served upon the property owner.
The residency restrictions of §
456-3 of this chapter shall not apply to registered sex offenders:
A. Who have established residences or domiciles within the Incorporated
Village of Farmingdale prior to the effective date of this chapter;
B. Under the age of 18 years of age residing with his/her parent(s)
or legal guardian;
C. That are required to be domiciled at a location fixed by an order
of a court of competent jurisdiction or by any federal, state or county
agency having jurisdiction thereof; or
D. Who have established residency prior to the establishment of the
new school, park or other establishment which renders the sex offender's
pre-existing residency in violation of this chapter.
Unless otherwise provided, the provisions of this chapter shall
be administered and enforced on behalf of the Board of Trustees by
the Building Inspector and by the Nassau County Police Department.
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 exists or continues shall be a separate violation and
punishable as such.
Nothing in this chapter shall be deemed to impose any civil
or criminal liability upon, or give rise to a course of action against,
the Village of Farmingdale or to any official, employee or department
of the Village for failing to act in accordance with this chapter.