[HISTORY: Adopted by the Town Board of the Town of Riverhead 3-2-2010 by L.L. No.
5-2010 (Ch. 111, Art. I, of the 1976 Code). Amendments
noted where applicable.]
A.Â
The Town Board finds that sex offenders pose a significant threat
to the health and safety of the community and especially to children,
whose age and inexperience make them particularly vulnerable to the
heinous and reprehensible acts of these offenders.
B.Â
The Board finds that the rate of recidivism is high, and programs
designed to treat and rehabilitate these types of offenders have been
largely ineffective. Limiting the frequency of contact between registered
sex offenders, sex offenders, and/or sexual predators and areas where
children are likely to congregate reduces the opportunity and temptation
and can minimize the risk of repeated acts against minors.
C.Â
It is the intention of the Town Board to exercise its authority pursuant
to Article IX, § 2(c)(i) and (ii)(10), of the New York State
Constitution, § 10, Subdivision 1(ii)a(12) and d(3), of
the Municipal Home Rule Law, § 64, Subdivision 22, and § 130,
Subdivisions 11 and 15, of the Town Law, and any other applicable
or successor law, presently in existence or hereinafter enacted, to
protect and safeguard the lives and well-being of the community, and
especially children, from registered sexual predators while children
are in close proximity to schools, day-care centers, day camps, parks
and playgrounds.
D.Â
After careful consideration, the Town Board finds that this legislation
is the most narrowly tailored means of limiting, to the fullest extent
possible, the opportunity for registered sex offenders to approach
or otherwise come in contact with children in places where children
would naturally congregate and that the protection of our residents
is a compelling governmental interest.
E.Â
By the enactment of this or any other legislation, the Town Board
understands that it cannot remove the threat posed to or guarantee
the safety of minors, or assure the public that registered sex offenders
will comply with the mandates of this statute. This legislation is
intended to create a civil, nonpunitive regulatory scheme in order
to protect minors to the extent possible under the circumstances and
not as a punitive measure of any kind.
As used in this chapter, the following terms shall have the
meanings indicated:
Any licensed establishment, whether public, private or parochial,
where a child or children are cared for on a regular basis and such
service is provided away from the child's residence for less than
24 hours per day by someone other than the parent, step-parent, guardian,
or a relative of the child, and whether or not such service is provided
for compensation of any kind. Day-care centers shall include licensed
after-school programs and day-care programs. For the purpose of this
chapter, the term "child day-care center" shall not apply to services
provided in a private dwelling, unless such dwelling is duly licensed
by the appropriate agency to provide such service.
Persons under 18 years of age.
Persons under 18 years of age.
Includes active and passive public land designated for recreational
or athletic use by the Town of Riverhead, County of Suffolk, State
of New York, the United States of America or other governmental subdivision
and located within the Town of Riverhead. For the purposes of this
chapter, the term "park" shall include beaches.
Public land designated for recreational or athletic purposes
by any school district, library district, Town of Riverhead, County
of Suffolk, State of New York, the United States of America or other
governmental subdivision and located within the Town of Riverhead.
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 provisions 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 or order of a court of competent jurisdiction. For the
purpose of this chapter, a registered sex offender shall not include
level one offenders as set forth in § 168-l, Subdivision
6(a), of the Correction Law or successor law.
A place where a person sleeps, which may include more than
one location and may be mobile or transitory.
Includes 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 and secondary schools, high schools,
vocational schools and special education schools. For the purposes
of this chapter, the term "school" shall include child day-care centers
and shall exclude vocational and special education schools that provide
services to those over 18 years of age.
Any person who is a resident of the Town of Riverhead and
has been convicted of an offense provided in § 168-a, Subdivisions
1, 2 and 3, of the New York State Correction Law or any successor
or applicable law where the victim was a minor, except level one offenders
as set forth in § 168-l, Subdivision 6(a), of the Correction
Law or successor law. The use of one term shall be deemed to include
the other.[1]
It shall be unlawful for a sex offender and/or sexual predator
or a registered sex offender to establish a residence or domicile
or for a property owner, managing agent, house manager, corporation,
or person in charge of the premises to permit a sex offender and/or
sexual predator or registered sex offender to establish a residence
or domicile within the limits set forth below:
The provisions of this chapter shall not apply to a registered
sex offender, being and intended to include a registered sexual predator,
under the following circumstances:
A.Â
If the registered sex offender has established a residence or domicile
before October 31, 2005;
B.Â
If the registered sex offender has established a residence or domicile
before the effective date of this chapter, on property having its
closest lot line within 1,001 feet of property used as a school, child
day-care center or day camp; or
C.Â
If the registered sex offender has established a residence or domicile
before the effective date of this chapter, on property having its
closest lot line within 501 feet and 1/4 mile (1,320 feet) of property
used as a park, beach, or playground.
The Director of Planning shall file a map showing the areas
prohibited by this chapter where sex offenders cannot establish a
residence or be domiciled, and such map may be updated and filed with
the Riverhead Town Clerk every 30 days.
A.Â
In the event the registered sex offender fails, refuses and/or neglects
to relocate or otherwise does not cease using the location as his/her
place of residence or domicile upon expiration of a written notice,
then he/she shall be deemed to have committed an offense against the
provisions of this chapter and shall be liable for such violation
and the penalty therefor and shall, upon conviction thereof, be subject
to a fine of $2,500 per offense. Each week, or part thereof, such
violation continues following notification by the Town or service
of a notice of violation or summons shall constitute a separate offense,
punishable in like manner.
B.Â
A property owner or person in charge of property who violates the provisions of § 267-3 shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine or penalty of $2,500 for a conviction of a first offense. Upon the occurrence of a second or subsequent offense, the property owner or person in charge of property shall be deemed to have committed a misdemeanor and, upon conviction thereof, shall be subject to a fine or penalty of $2,500 or imprisonment not exceeding six months, or by both such fine and imprisonment. Each week, or part thereof, such violation continues following notification by the Town shall constitute a separate offense, punishable in like manner.[1]
