[HISTORY[1]: Adopted by the Town Board of the Town of Chenango 3-5-2007 by L.L. No. 1-2007; amended in its entirety 3-12-2008 by L.L. No. 1-2008.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 57, Smoking, adopted
4-2-1990, was repealed 10-3-1995 by L.L. No. 2-1995.
The chapter is enacted pursuant to 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
Law also authorizes local governments to adopt local laws regulating
the protection, order, conduct, safety, health and welfare of the
persons within the local municipality. It is the intent of the Town
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.
In order to safeguard and protect the health,
safety, and welfare of the children of the Town of Chenango and, in
particular, to protect the children of the Town of Chenango from access
by convicted sex offenders who may be present in the Town, it is hereby
declared that the movement and residence of certain convicted sex
offenders must be monitored in order to minimize the possibility of
contact between such sex offenders and the children of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Any facility or institution primarily used for the care or
treatment of persons under the age of 18 while one or more of such
persons under the age of 18 are present, including but not limited
to day-care centers that are licensed, certified or otherwise sanctioned
by the State of New York and/or a political subdivision of the State
of New York.
A person who is convicted of an offense defined in Articles
130, 235 or 263 of the New York State Penal Law and the victim of
the offense was a person under the age of 18 at the time of the offense,
or is designated as a "Level Three sex offender" pursuant to Subdivision
6 of § 168-l of the New York State Correction Law.
A person who:
Is convicted of an offense defined in Articles
130, 235 or 263 of the New York State Penal Law and the victim of
the offense was a person under the age of 18 at the time of the offense,
or is designated as a "Level Two sexual offender" pursuant to Subdivision
six of § 168-l of the New York State Correction Law; and
By reason of his or her conviction for the offense,
the person:
Receives a sentence of probation or conditional
discharge on or after September 1, 2005; or
Is released on parole or a conditional release
pursuant to Subdivision 14 of § 259-c of the New York State
Executive Law on or after September 1, 2005; or
Is conditionally released pursuant to § 70.40
of the New York State Penal Law on or after September 1, 2005.
Any park, open to the public, habitually used
by persons under the age of 18, whether for organized activities or
otherwise, including but not limited to Hider Park in the Morningside
Heights area of the Town of Chenango; Broad Acres Park, located on
Jacobs Highway in the Town of Chenango; Wolf Park, located off of
Dorman Road; Chenango Bridge Park, located off River Road; Castle
Creek Civic Association Park, located in Castle Creek; the K.A.A.
Park and ball field, located in Chenango Forks; the Kathleen Manor
Park; and the soccer field and playground located off Upper Front
Street; or
Any area accessible to such public park or any
parked automobile or other parked vehicle located within 1,000 feet
of the real property boundary line comprising any such public park.
For the purposes of this section, an "area accessible to the public"
shall mean sidewalks, streets, parking lots, parks, playgrounds, stores
and restaurants.
Any area in or on or within 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; or
Any area accessible to such school or any parked
automobile or other parked vehicle located within 1,000 feet of the
real property boundary line comprising any such school. For the purposes
of this section, an "area accessible to the public" shall mean sidewalks,
streets, parking lots, parks, playgrounds, stores and restaurants.
Level Three and Level Two sex offenders are
hereby prohibited from:
A.
Knowingly entering into or upon any school grounds,
any facility or institution primarily used for the care or treatment
of persons under the age of 18, or public park; provided, however,
that if such Level Three and Level Two sex offender is a registered
student or participant or an employee of such school grounds or facility
or institution primarily used for the care or treatment of persons
under the age of 18, said Level Three and Level Two sex offender may
enter upon such facility only if a written authorization of his or
her probation officer or the court and the superintendent or chief
administrator of such school grounds or facility or institution primarily
used for the care or treatment of persons under the age of 18 is obtained
and for the limited purposes authorized by the probation officer or
the court and superintendent or chief officer of such school grounds
or facility. In addition to the foregoing, such Level Three and Level
Two sex offender may also lawfully enter into or upon a school's grounds
or facility or institution primarily used for the care or treatment
of persons under the age of 18 if he or she:
(1)
Has a medical emergency requiring immediate attention
at a health-care provider; or
(2)
Has lawful business at a federal, state or local court
or governmental agency; or
(3)
Is traveling on an interstate or New-York-State-maintained
roadway within the proximity of a school grounds or a facility or
institution primarily used for the care or treatment of persons under
the age of 18. Nothing in this chapter shall be construed as restricting
any lawful condition of supervision that may be imposed on a sentenced
Level Three and Level Two sex offender.
B.
Maintaining his or her residence, either permanently
or temporarily, within 1,000 feet of any school grounds, any facility
or institution primarily used for the care or treatment of persons
under the age of 18 or public park.
A.
Any person who shall violate any provisions of this
chapter, upon conviction, shall be guilty of an offense and subject
to a fine of not less than $100 nor more than $500 or imprisonment
for a period of not more than six months, or both, for a conviction
of a first offense; a conviction of a second offense, both of which
were committed within a period of five years, is punishable by a fine
of not less than $500 nor more than $750 or imprisonment for a period
of not more than six months, or both; and a conviction of a third
or subsequent offense, all of which were committed within a period
of five years, is punishable by a fine of not less than $750 nor more
than $1,000 or imprisonment for a period of not more than six months,
or both.
