[HISTORY: Adopted by the Board of Trustees of the Village
of Central Square 10-27-2014 by L.L. No. 3-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 54.
Amusement centers — See Ch. 61.
Loitering — See Ch. 156.
Peace and good order — See Ch. 170.
Streets and public places — See Ch. 212.
Zoning — See Ch. 250.
[1]
Editor’s Note: This local law also repealed former Ch.
195, Sex Offenders, Art. I, Residency Restrictions, adopted 11-24-2008
by L.L. No. 3-2008.
This chapter shall be known as the "Law Regulating the Movement
of Certain Convicted Sex Offenders in Certain Sections of the Village
of Central Square."
This chapter is hereby adopted and enacted pursuant to the authority
conferred by the New York State Municipal Home Rule Law, which enables
local governments to adopt local laws relating to their property,
affairs, or government, so long as the local laws are not inconsistent
with the New York State Constitution or any general law of New York
State. The New York State Municipal Home Rule Law also authorizes
local governments to adopt local laws regulating the protection, order,
conduct, safety, health and welfare of the persons within the local
municipality. This chapter is adopted in recognition of the recently
enacted Chapter 544 of the Laws (of the State of New York) of 2005,
which prohibits certain sex offenders placed on conditional release
or parole or probation from entering upon school grounds or other
facilities where children are cared for. The Board of Trustees of
the Village of Central Square has determined that this chapter is
not inconsistent with said Chapter 544 of the Laws of 2005.
In order to safeguard and protect the health, safety and welfare
of the children of the Village of Central Square (the "Village"),
and in particular to protect the children of the Village from access
by convicted sex offenders who may be present in the Village, it is
hereby declared that the movement of certain convicted sex offenders
must be regulated, consistent with recently enacted state law, particularly
in the areas of school grounds and facilities where children are cared
for.
As used in this chapter, the following terms shall have the
meanings indicated:
For the purposes of this chapter, the term "facility or institution
primarily used for the care or treatment of persons under the age
of 18" shall mean any facility or institution primarily used for the
care or treatment of persons under the age of 18 while one or more
of such persons under the age of 18 are present, including but not
limited to daycare centers licensed, certified or otherwise sanctioned
by the State of New York and/or a political subdivision of the State
of New York.
For the purposes of this chapter, a "Level Two Sex Offender"
shall be defined as a person who:
Is convicted of an offense defined in Article 130, 235, or 263
of the New York State Penal Law and the victim of the offense was
a person under the age of 18 at the time of the offense; or, is designated
as a "level two sexual offender" pursuant to Subdivision 6 of § 168-1
of the New York State Correction Law; and
By reason of his or her conviction for the offense, the person:
Receives a sentence of probation or conditional discharge on
or after September 1, 2005; or
Is released on parole or a conditional release pursuant to subdivision
one or two of Subdivision 14 of § 259-c of the New York
State Executive Law on or after September 1, 2005; or
Is conditionally released pursuant to § 70.40 of the
New York State Penal Law on or after September 1, 2005.
For the purposes of this chapter, the term "school grounds"
shall mean:
Any area in or on or within any building, structure, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate,
junior high, vocational, or high school; or
Any area accessible to the public located within 1,000 feet
of the real property boundary line comprising any such school or any
parked automobile or other parked vehicle located within 1,000 feet
of the real property boundary line comprising any such school. For
the purposes of this section, an "area accessible to the public" shall
mean sidewalks, streets, parking lots, parks, playgrounds, stores
and restaurants.
Level two sex offenders are hereby prohibited from knowingly
entering into or upon any school grounds or any facility or institution
primarily used for the care or treatment of persons under the age
of 18; provided, however, that if such level two sex offender is a
registered student or participant or an employee of such school grounds
or facility or institution primarily used for the care or treatment
of persons under the age of 18, or an entity contracting therewith,
or has a family member enrolled in such school grounds or facility
or institution primarily used for the care or treatment of persons
under the age of 18, said level two sex offender may enter upon such
facility only if a written authorization of his or her probation officer
or the court and the superintendent or chief administrator of such
school grounds or facility or institution primarily used for the care
or treatment of persons under the age of 18 is obtained and for the
limited purposes authorized by the probation officer or the court
and superintendent or chief officer of such school grounds or facility.
In addition to the foregoing, such level two sex offender may also
lawfully enter into or upon school grounds or facility or institution
primarily used for the care or treatment of persons under the age
of 18 if he or she: (a) has a medical emergency requiring immediate
attention at a health care provider; or (b) has lawful business at
a federal, state or local court or governmental agency; or (c) is
traveling on an interstate roadway within the proximity of school
grounds or a facility or institution primarily used for the care or
treatment of persons under the age of 18. Nothing in this chapter
shall be construed as restricting any lawful condition of supervision
that may be imposed on a sentenced level two sex offender.
A.Â
Any person who commits any act in violation of any provisions of
this chapter shall be deemed to have committed a misdemeanor and shall
be liable for the penalties provided.
B.Â
For each violation of the provisions of this chapter, the person
violating the same shall be subject to a fine of not more than § 1,000,
or imprisonment not to exceed one year, or both.
C.Â
In addition to the above-prescribed penalty, the Board of Trustees
may also maintain an action or proceeding in the name of the Village
in a court of competent jurisdiction to compel compliance with this
chapter by injunction, abatement or otherwise compel cessation of
such violation.
