[HISTORY: Adopted by the Board of Trustees of the Village of Clayton 10-27-2014 by L.L. No. 3-2014. Amendments noted where applicable.]
Curfew — See Ch. 54.
The title of this chapter shall be the "Child Protection Act."
It is the intent of this chapter to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Village by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders are prohibited from establishing temporary or permanent residence.
The Village Board of the Village of Clayton finds that one of the highest priorities of local government is the protection of the health and safety of its citizens. This is especially true for children and other vulnerable members of society. The Village Board further finds that Level 3 convicted sex offenders pose a significant continuing risk to society.
The Village Board finds that the protection of the victims and potential victims of sexual offenders in Clayton is a matter of unique local concern not fully and adequately addressed by state law. The Village Board finds that the disclosures required and the limitations contained herein will protect the citizens of Clayton and in protecting children who may come into proximity with a sex offender in the scope of employment with the Village.
The Village Board of the Village of Clayton agrees with the New York State Division of Criminal Justice Services risk assessment of sex offenders and has made no determination that conflicts with restrictions placed on any particular sex offender or level of sex offenders. Rather, the Board finds that this chapter is remedial in nature and designed to fill certain gaps in state law as well as to provide protections for the residents of the Village who receive certain services from the Village. The Board further finds this chapter to be the most narrowly tailored means of fulfilling its compelling interest in the safety of its citizens. Finally, the Board does not intend for any person to use the information required by this chapter to harm or injure any registrant under the law.
For purposes of this chapter, the following shall apply unless the context clearly indicates a different meaning:
- BACKGROUND SEARCH
- A search of the records of the Police Department of the Village of Clayton and a search to determine if a person is listed or registered on the New York State Sex Offender Registry.
- CHILD or CHILDREN
- Persons under 18 years of age. The singular and plural shall include one another. If the applicable statute defining a crime against a child refers to a child younger than 18, the younger age shall control.
- An individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a Village contract, or a bidder in conjunction with the award of a Village contract or proposed party to a Village contract.
- The New York State Division of Criminal Justice Services.
- Any individual, partnership, association, corporation, business trust, legal representative or organized group of persons paying wages or any form of compensation to any person for services that directly or indirectly benefit the individual, partnership, association, corporation, business trust, legal representative or organized group of persons.
- His or her.
- Any person under the age of 18 years.
- The Village of Clayton Police Department.
- PARK, PLAYGROUND or RECREATIONAL AREA
- The grounds and buildings thereon, waters therein and any other property necessary for the operation thereof and constituting a part thereof, which is now or may hereafter be maintained, operated and controlled for public park, playground or recreational purposes. Park, playground or recreational area shall include the following locations: Cerow Recreational Park, Centennial Park, and Village Square Park.
- Any person required to register under Article 6-C of the Corrections Law of the State of New York (Sex Offender Registration Act).
- REGISTRATION YEAR
- One year from the date of first registration under this chapter.
- Any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as place of one's domicile, home, or sleeping place of human beings.
- Any person who lives in the Village of Clayton in any apartment or home, has a usual place of abode in the Village, is domiciled in the Village or temporarily present in the Village and staying at a homeless shelter or an extended-stay establishment.
- A licensed or accredited public, charter, private or religious school that offers instruction to students in kindergarten through any grade up to grade 12.
- SCHOOL GROUND
- 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.
- SEX OFFENDER
- Shall have the same meaning as the term is defined in § 168-a, Subdivision 1, of the Corrections Law of the State of New York.
- TEMPORARY RESIDENCE
- Any hotel, motel, rooming house, inn, rooming unit, bed-and-breakfast, residence inn, country inn, motor court, R-V park or motor lodge that lets or provides any space for occupancy by any person. Any place of business that provides services or utilities to motor homes, recreational vehicles, and trucks with campers or any other motor vehicle in which an individual does or may sleep overnight is a temporary residence under this chapter.
After the effective date of this chapter, it shall be unlawful for any Level 3 sex offender to establish a permanent or temporary residence within 500 feet of any school ground, park, playground or recreational area.
For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school ground, park, playground or other recreational area.
After the effective date of this chapter, it shall be unlawful for any Level 3 sex offender to enter, stop, sit, or stand within any park, playground, or any location or place where children are likely to congregate.
Village employees. The Village of Clayton shall conduct a background search of any and all employees that may be alone with a child within the scope of the performance of their duties. No person convicted of a sex offense shall be allowed to work alone with or supervise any child.
Village contractors. All persons or entities that enter into contracts with the Village of Clayton and are the employer of any person that may be alone with a child within the scope of the performance of the contract shall conduct a background search of any and all such employees and compare the background search to any applicable registration information available on the state's website and/or the sex offender hotline maintained by the State of New York. No person convicted of a sex offense shall work alone with or supervise any child. Any failure by the contractor to comply with the requirements of this chapter is a material breach of the contract and entitles the Village of Clayton to terminate the contract. This subsection includes but is not limited to § 501(C)(3) entities and charitable entities. Any person or entity to which this subsection applies shall notify OPD immediately if that person or entity has or obtains any information about any registrant that does not conform with the information the registrant provided to the DCJS.
A person residing within 500 feet of a school ground, Village park or Village playground does not commit a violation of this chapter if any of the following apply:
The person established the permanent residence prior to effective date of this chapter.
The person was a minor when he committed the offense and was not convicted as an adult.
The person is a minor.
The school ground, Village park or Village playground within 500 feet of the person's permanent residence was opened after the person established permanent residence.
The provisions of this chapter shall not be applicable to persons incarcerated in any facilities owned, maintained and/or operated by the Village of Clayton, Jefferson County or New York State.
Nothing in this chapter creates or shall create a cause of action against the Village of Clayton not already authorized under existing law. Without limitation, the Village of Clayton is not liable to any person harmed who claims that conditions under this chapter may have prevented the harm.
This chapter shall be enforced by the OPD. The Chief of Police shall cause a copy of this chapter and the prohibited area map to be provided to each registered sex offender who has registered under Megan's Law and who is residing within the Village limits.
Each violation of this chapter shall be punishable by a fine of $250 and/or 10 days in jail. The Village shall also be entitled to injunctive relief to enforce the provisions of this chapter.