Town of Lockport, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Lockport as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2007 by L.L. No. 4-2007]
A. 
The highest priority of government is the safety and protection of its residents, especially its children. The Town of Lockport has had placed in its borders a large number of registered sex offenders, some of who have committed criminal sexual offenses against minors. A number of these sex offenders have been categorized as Level II Sex Offenders who have been determined to pose a moderate risk of committing another sexual crime. A number of these sex offenders have been categorized as Level III Sex Offenders who have been determined to pose a high risk of committing another sexual crime.
B. 
The Town of Lockport Town Board finds and determines that it is essential to assure residents of Town of Lockport that the Town government continues to make every effort to protect children from sex offenders.
C. 
This Board further finds and determines that it is in the best interests of Town of Lockport citizens to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors.
D. 
This Board further finds that residency in close proximity to areas where minors are required to be present or congregate for recreation purposes poses an unacceptable level of danger.
E. 
Accordingly, the purpose of this article is to prohibit sex offenders from residing within, or entering within, a radius of 500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park.
As used in this article, the following terms shall have the meanings indicated:
SEX OFFENDER
A person who has been convicted of a sexual offense against a minor and has received a Level II or III designation as defined under Article 6-C of the New York State Correction Law.
CHILD-CARE FACILITY
Licensed and/or registered child day-care centers, group family day-care homes and family day-care homes as defined by the New York State Social Services Law.
RESIDENCE
The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
A sex offender as herein defined shall not reside within, or enter within, a radius of 500 feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, preschool, child-care facility, playground, or park. Notwithstanding, however, a sex offender may enter within the five-hundred-foot radius solely for the purpose of employment, shopping or attending appointments, or traveling from one point to another, but in no event shall the sex offender enter on to the premises of a public or private school, nursery school, preschool, registered day-care center, playground, or park while working, shopping or attending an appointment.
This article shall not require any person to move from his or her residence as established prior to the enactment of this article.
Any violation of the provisions of this article shall be a Class A misdemeanor punishable by a fine not exceeding $1,000; or imprisonment for a term not exceeding one year; or both such fine and imprisonment.