[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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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:
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.
A building or property where members of a community congregate for
social, cultural, or recreational purposes.
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.
A library supported with public funds, accessible to the general
public.
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.
