[Adopted 5-21-2007 by L.L. No. 2-2007]
A. 
The Board of Trustees of the Incorporated Village of Valley Stream hereby finds and determines that sex offenders pose an unreasonable threat to the safety and well-being of children.
B. 
The Board of Trustees of the Incorporated Village of Valley Stream further finds and determines that information is currently available to the public regarding these high-risk offenders, which information is available through the Internet and other sources.
C. 
The Board of Trustees of the Incorporated Village of Valley Stream finds it is imperative that the Incorporated Village of Valley Stream take all steps necessary to protect the most vulnerable residents of the Village.
D. 
Therefore, the purpose of this law is to restrict all registered sex offenders from residing within 1,000 feet of any school, licensed day-care center or playground for the protection of children.
As used in this law, the following terms shall have the meanings indicated:
DAY-CARE CENTER
Any program or facility caring for children for more than three hours per day per child as those terms are defined in § 390 of the New York Social Services Law.
HOUSING ACCOMMODATION
Any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings.
PLAYGROUND
Any public land zoned park or otherwise designated for recreational or athletic purposes by the Incorporated Village of Valley Stream, the Town of Hempstead, the County of Nassau, the State of New York, and/or any school district.
REGISTERED SEX OFFENDER
Any person who has been convicted of an offense and is registered with the State Division of Criminal Justice Services pursuant to the provisions of Article 6 of the New York Correction Law.
SCHOOL
Any institution, building or structure used for teaching children, or imparting an education, whether public or private.
SHELTER
Any residential facility providing temporary housing, for which such temporary use and occupancy of the housing facilities the owner or primary tenant of the property receives compensation, either directly from the temporary occupant or through reimbursement from a third party on behalf of such temporary occupant, or both.
A. 
It shall be unlawful for all registered sex offenders to reside within 1,000 feet of the property line of any public or private nursery, elementary, middle or high school; or licensed day-care center; or a playground.
B. 
No shelter housing nomination shall permit or cause the placement of a registered sex offender if such shelter housing accommodation is within 1,000 feet of the property line of any public or private nursery; elementary, middle or high school; or a licensed day-care center; or playground.
C. 
The residence prohibition established by this section shall remain in effect for as long as the offender is classified as a registered sex offender.
A. 
The provisions of this article shall not apply to any registered sex offenders who have established a residence prior to the effective date of this law.
B. 
The provisions of this article shall not apply if a public or private nursery, elementary, middle or high school, or a licensed day-care center or playground is newly constructed, and is within 1,000 feet of the residence of a registered sex offender who has previously established a residence in that location.
C. 
The provisions of this article shall not apply to any registered sex offender who is required by court order to reside in a certain location.
Any person, corporation, company, partnership, firm or other legal entity violating any of the provisions of this chapter shall commit an offense, the fine for which shall not exceed $1,000 for each offense. Each daily violation of this chapter shall constitute a separate offense.
This article shall apply to all actions occurring on or after the effective date of this article.
Unless otherwise provided, the provisions of this article shall be administered and enforced by the Code Enforcement Officers, Public Safety Officers, Nassau County Police Officers, and any Building Inspector with the authority to issue summons.