[HISTORY: Adopted by the Town Board of the Town of Rochester 3-5-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
A.
The Town of Rochester Town Board finds and determines that due to
the recidivism rate among convicted sex offenders following their
release from confinement, there exists a heightened potential for
reoccurrence of their crimes when they reside, have employment or
frequent areas where children are likely to regularly congregate,
such as public or nonpublic elementary, middle and high schools, child
care facilities, parks, playgrounds, public or private youth center
or public swimming pools.
B.
The Town of Rochester Town Board further determines that it is essential
for the Town of Rochester to make every effort to protect children
from sex offenders who have committed sexual offenses against minors.
C.
The Town of Rochester Town Board further determines that it is in
the best interests of the health, safety and welfare of the residents
of the Town of Rochester, and particularly its children, to establish
residency restrictions and restrictions on location of employment
and other activities for sex offenders who have committed sexual offenses
against minors.
D.
It is the purpose of this chapter to prohibit sex offenders from
residing, having employment or otherwise enter or remain within 1,000
feet of areas and facilities that would provide them easy access to
potential victims.
As used in this chapter, the following terms shall have the
meanings indicated:
A licensed and/or registered nursery, preschool, child day-care
center, group family day-care home, and family day-care home as defined
by the New York State Social Services Law.
Within 1,000 feet of the real property comprising a public
or private, elementary, middle or high school, designated school bus
stop, child care facility, nature preserve, park, playground, public
or private youth center or public swimming pool, public or commercial
recreational facility clearly designed to attract children, including
but not limited to theaters, bowling alleys, sports fields, exercise
or sporting facilities and, additionally, two-family or multifamily
dwellings, apartment buildings, co-ops, condominiums, mobile home
(trailer) parks, or other clustered housing developments (10 or more
single-family homes on less than 1/3 acre), hotels, motels, and rooming
houses.
Doing work, whether or not for financial gain.
The place where a person sleeps, which may include more than
one location and may be mobile and/or transitory.
A person who has been convicted of a sexual offense as defined
in Paragraph 1 of § 168-a of the New York State Corrections
Law.
A sex offender as herein defined entering or remaining within
a child safety zone does not commit a violation of this chapter if
any of the following apply:
A.
The sex offender is serving a sentence at a jail, prison, juvenile
facility or other correctional institution or facility, or is an inpatient
in a hospital, hospice, mental health facility or nursing home. However,
this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
B.
The sex offender has established employment that would otherwise
be in violation of this chapter prior to the effective date of this
chapter. However, this exception does not apply to an individual who
initiates or maintains contact with a minor within that child safety
zone other than for purposes relating to schooling. In such case,
the parent(s) or legal guardian of the minor contacted must be informed
of the contact.
C.
The sex offender attends primary, secondary or post-secondary school
that would otherwise be in violation of this chapter. However, this
exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
D.
The sex offender only intermittently or sporadically enters a child
safety zone for the purposes of work. However, this exception does
not apply to an individual who initiates or maintains contact with
a minor within that child safety zone.
E.
A child safety zone is newly located on or after the effective date
of this chapter. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that child
safety zone.
F.
The sex offender is a minor or a ward under a guardianship. However,
this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
G.
The sex offender enters a child safety zone for the purposes of exercising
the right to vote. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that child
safety zone.
The first violation of the provisions of this chapter shall
be a Class B Misdemeanor punishable by a fine up to $500 and imprisonment
of up to three months in jail. A second or subsequent violation shall
be a Class A Misdemeanor, punishable by a fine of up to $1,000 and
imprisonment of up to one year in jail.
The Ulster County Sheriff's Office or New York State Police
shall have the power to enforce the provisions of this chapter.
The restrictions outlined in § 70-1 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law Article 6-C, the Sex Offender Registration Act.
