[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2006 by L.L. No. 7-2006]
The Board of Trustees of the Incorporated Village of East Rockaway ("Village Board") recognizes that the Sex Offender Registration Act, New York's version of Megan's Law (Correction Law Article 6-C), has increased public awareness of sex offenders by requiring them to become registered with authorities and making such information available to the public.
The Village Board finds that registered sex offenders pose a significant threat to the health and safety of the community and especially to children, whose age and inexperience make them particularly vulnerable to the heinous and reprehensible acts of these offenders. The Village Board also finds that the rate of recidivism is high and programs designed to treat and rehabilitate these types of offenders have been largely ineffective. The Village Board further finds that restricting registered sex offenders from residing in close proximity to other registered sex offenders and to places where children are likely to congregate is likely to reduce the opportunity and temptation for, and can minimize the risk of, repeated acts against minors.
It is the intention of the Village Board to exercise its authority pursuant to Article IX of the New York State Constitution and § 10 of the Municipal Home Rule Law, to protect and safeguard the lives and well-being of the community, especially minors, from registered sexual offenders, by prohibiting registered sex offenders from residing in close proximity to other registered sex offenders, or to places where children would naturally congregate, such as schools, places of worship, child day-care centers, community centers, public libraries, public parks, playgrounds and other recreational facilities.
This article is intended to create a civil, nonpunitive regulatory scheme in order to protect minors to the extent possible under the circumstances and not as a punitive measure of any kind.
For purposes of this article, the following terms shall have the meanings indicated:
- CHILD DAY-CARE CENTER
- A building or property that provides care for six or more children during the day or evening hours by someone other than the parent, step-parent, guardian or relative of the child, whether or not tuition, fees or other forms of compensation are charged, and regardless of whether or not the facility is licensed by any state or other governmental agency.
- COMMUNITY CENTER
- A building or property where members of a community congregate for social, cultural, or recreational purposes.
- PLACE OF WORSHIP
- A building or property whose principal purpose and use is as a place of prayer, together with such other uses of a minor nature which are clearly and customarily incidental and accessory to the prayer use.
- PUBLIC LIBRARY
- A library supported with public funds, accessible to the general public.
- REGISTERED SEX OFFENDER
- A sex offender who is required to register with the New York State Division of Criminal Justice Services, or other agency having jurisdiction pursuant to the provisions of Article 6-C of the Correction Law of the State of New York or other applicable or successor law, whether or not the sex offender has actually registered in compliance with the law or order of the court of competent jurisdiction.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- A building or property whose principal purpose and use is as a place of education, including, but not limited to, public or private preschool, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
It shall be unlawful for a registered sex offender to establish a residence or domicile within a one-thousand-foot radius of:
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 240-3 of this article shall have 90 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in § 240-3 of this article.
This article shall not apply to a registered sex offender if that person is required to be domiciled at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction thereof.
Any person violating the provisions of § 240-3 of this article shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation.