The title of this chapter shall be the "Child Protection Act."
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.
CONTRACTOR
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.
DCJS
The New York State Division of Criminal Justice Services.
EMPLOYER
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.
MINOR
Any person under the age of 18 years.
OPD
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.
REGISTRANT
Any person required to register under Article 6-C of the
Corrections Law of the State of New York (Sex Offender Registration
Act).
RESIDENCE
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.
RESIDENT
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.
SCHOOL
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 enter, stop, sit, or stand within
any park, playground, or any location or place where children are
likely to congregate.
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. The person established the permanent residence prior to effective
date of this chapter.
B. The person was a minor when he committed the offense and was not
convicted as an adult.
D. 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. 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.