[HISTORY: Adopted by the Town Board of the Town of Elma as indicated in article histories. Amendments noted where applicable.]
Article I Residency Restrictions
[Adopted 4-19-2017 by L.L. No. 2-2017]
Editor's Note: This local law superseded former Art. I, Residency Requirements, adopted 5-3-2006 by L.L. No. 1-2006.
The Town Board of the Town of Elma recognizes that one of the highest priorities of local government is the protection of its citizens, especially children and other vulnerable members of its community. The adoption of Megan's Law by the State of New York has increased public awareness of sexual offenders by requiring them to register with authorities and making such information available to the public. Increasingly, federal and state legislation such as Megan's Law has been enacted in an attempt to meet the compelling interest of protecting the health, safety and welfare of children. The Town Board of the Town of Elma believes that legislation does not fully and adequately address the local concern of protecting the victims and potential victims of sex offenders in the Town of Elma. As a means of addressing that local concern, the Town Board hereby enacts this article restricting sex offenders from residing within the distance specified below of the designated places and/or areas that children traditionally meet and congregate.
Editor's Note: See NY Correct § 168 et seq.
For the purposes of this article, the following shall apply:
- CHILD DAY-CARE FACILITY
- A licensed and/or registered child care center; group family day-care homes and family day-care homes as defined under the New York State Social Services Law.
- CHILD or CHILDREN
- Persons 18 years of age or under.
- SEX OFFENDER
- Shall have the same meaning as the term defined in § 168-a, Subdivision 1, of the Corrections Law of the State of New York (commonly known as "Megan's Law"); or any other applicable federal or state law, including, but not limited to, the Penal Law of the State of New York. Except as specifically provided, for the purposes of this chapter, the residency restrictions herein shall be applicable to a sex offender who received a Level 1, 2 or Level 3 designation as defined under Article 6-C of the Corrections Law of the State of New York.
- SEX OFFENDER VIOLATION
- A violation of any law defined as a "sex offense" in § 168-a, Subdivision 2 of the Corrections Law of the State of New York; or any other applicable federal or state law, including, but not limited to, the Penal Law of the State of New York.
- SEX OFFENSE
- Shall have the same meaning as that term is defined in § 168-a, Subdivision 2 of the Corrections Law of the State of New York; or any other applicable federal or state law, including, but not limited to, the Penal Law of the State of New York.
No sex offenders convicted of a sex offender violation as defined herein shall be permitted to reside, live, occupy, acquire by lease, rental agreement or otherwise establish a place of lodging, in real property within 2,000 feet of any community center; boys and girls club; private and public school; athletic fields; playgrounds and parks, including, but not limited to, Creek Road, Village Green and Elma Meadows Park facilities; library facilities; child day-care facilities; recreation facilities open to persons 18 years of age and under; preschool facilities; and/or any other places and/or areas children traditionally meet and congregate, in the Town of Elma unless such a place or residence has been assigned by a supervised release program which provides close supervision of the sex offender's daily activity.
Any sex offender that has received a Level 1, 2 or 3 designation as defined under Article 6-C of the Corrections Law of the State of New York who resides in an area prescribed by this article on the effective date of this article may continue to reside and live in that same location for 60 days from such effective date. His/her continuing to reside and live in that location after that sixty-day period shall be deemed a violation of this article.
Any sex offender that has received a Level 1, 2 or 3 designation as defined under Article 6-C of the Corrections Law of the State of New York that relocates, resides, harbors or is in direct violation of § 116-3 shall be served with a violation notice from the Town of Elma. The violation notice shall be served by the local law enforcement agency. The violation notice shall mandate the offender relocate in 10 days or less, and to be in direct compliance with the setbacks in § 116-3. Failure for the offender to relocate within 10 days of notice being served shall constitute immediate appearance ticket for court.
Failure to comply with this article shall be a violation punishable by a fine up to $1,500 a day and/or 15 days in jail. Each day the sex offender continues to reside or live in an area prescribed by this article after a conviction by the Court shall be deemed a separate offense subject to the penalties set forth in this section.
Nothing in this article shall prelude the Town Board of the Town of Elma from seeking injunction relief from the court to enforce the provisions of the article to authorize to seek such injunction relief hereby being granted.
If any clause, sentence, paragraph, subdivision or part of this chapter or the application thereof to any person, or circumstances shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not impair or invalidate the remainder thereof but shall be confined in its operation to the sentences, paragraph, subdivision or part of this chapter or in its application to the person directly involved in the controversy in which such judgment or order shall be rendered.