[Adopted 8-18-2014 by L.L. No. 2-2014]
This article shall be known as the "Sex Offender Residency Restrictions
Law."
This article is hereby adopted and enacted pursuant to § 10
of the New York Municipal Home Rule Law, which enables local governments
to adopt local laws relating to their property, affairs, or government,
so long as the local laws are not inconsistent with the New York Constitution
or any general law of New York State. The New York Municipal Home
Rule Law also authorizes local governments to adopt local laws regulating
the protection, order, conduct, safety, health and well-being of persons
within the local municipality. This article is also adopted and enacted
pursuant to § 4-412 of the New York State Village Law and
Article IX of the New York State Constitution. It is the intent of
the Village of Owego to adopt a law which is consistent with the Constitution
and laws of the State of New York, as well as the Constitution of
the United States.
The Village Board finds that Level Two and Level Three sex offenders
pose a significant threat to the health and safety of the community,
especially children whose age and inexperience make them particularly
vulnerable. In order to safeguard and protect the health, safety and
welfare of the children of the Village of Owego, it is hereby declared
that the residence of certain convicted sex offenders must be restricted
to help minimize the possibility of contact between such sex offenders
and the children of the Village of Owego.
As used in this article, the following terms shall have the
meanings indicated:
CHILD DAY CARE CENTER
Any licensed establishment 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, whether public, private or parochial, 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 article, 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.
COMMUNITY CENTER
A building, including attached structures and grounds, open
to the public that is established and primarily used as a gathering
place for a variety of social, educational enrichment, and community
service activities, including, but not limited to, domestic violence
shelters.
LEVEL THREE SEX OFFENDER
A person who is designated as a Level Three sex offender
pursuant to Subdivision 6 of § 168-1 of the New York State
Correction Law.
LEVEL TWO SEX OFFENDER
A person who is designated as a Level Two sex offender pursuant
to Subdivision 6 of § 168-1 of the New York State Correction
Law.
LIBRARY
A structure and associated grounds, whether publically or
privately owned, which is primarily used for the keeping of literary,
musical, artistic, or reference materials, such as books, manuscripts,
recordings, computers, or films, for use, but not for sale.
PARK
Any active and passive public land designated for recreational
or athletic activities by the Village of Owego, County of Tioga, State
of New York, the United States of America or other governmental subdivision,
and located within the Village of Owego.
PLACE OF WORSHIP
A room, set of rooms, or building established and primarily
used by a congregation, society, or other assemblage of persons who
are accustomed to statedly meet for divine worship or other religious
observances.
PLAYGROUND
An improved area designed, equipped, and set aside for play
of six or more children which is not intended for use as an athletic
playing field or athletic court, and shall include any play equipment,
surfacing, fencing, internal pathways, internal land forms, vegetation,
and related structures, but shall not include playgrounds or playground
equipment constructed upon one-, two- and three-family residential
real property.
RESIDENCY
A place where a person regularly sleeps, which may include
more than one location, and may be mobile or transitory.
SCHOOL
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.