[Adopted 11-13-2006 by L.L. No. 7-2006]
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.
RESIDENCE
The place where a person sleeps, which may include more than one
location, and may be mobile or transitory.
SCHOOL
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:
A. Any school, place of worship, child day-care center,
community center, public library, public park, playground and other recreational
facility.
B. Another registered sex offender.
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.