[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.]
GENERAL REFERENCES
Curfew — See Ch. 54.
The title of this chapter shall be the "Child Protection Act."
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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:
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.
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.
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).
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.
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.
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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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:
A.Â
The person established the permanent residence prior to effective
date of this chapter.
B.Â
The person was a minor when he committed the offense and was not
convicted as an adult.
C.Â
The person is a minor.
D.Â
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.
E.Â
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.