[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 8-14-2006 by L.L. No. 8-2006. Amendments noted where applicable.]
Parks and public property — See Ch. 180.
Editor's Note: This local law also repealed former Ch. 202, Sex Offenders, adopted 1-23-2006 by L.L. No. 1-2006.
That Level Two sex offenders are hereby prohibited from entering into or upon any school grounds or any facility for minors; provided, however, that if such Level Two sex offender is a registered student or participant or an employee of such school or facility or entity contracting therewith or has a family member enrolled in such place, said Level Two sex offender may enter upon such facility only upon written authorization of his or her probation officer or the court and the superintendent or chief administrator of such school or facility. Additionally, a Level Two sex offender may enter such a place as above-described if he or she: a) has a medical emergency requiring immediate attention at a health care provider; or b) has lawful business at a federal, state, or local court or government agency; or c) is traveling on an interstate roadway within the proximity of such a place.
As used in this chapter, the following terms shall have the meanings indicated:
- LEVEL TWO SEX OFFENDER
- A person who:
Is convicted of an offense defined in Article 132, 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 sex offender" pursuant to Subdivision 6 of § 168-1 of the New York State Correction Law; and
By reason of his or her conviction of 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 1 or 2 of Subdivision 13 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.
- SCHOOL GROUNDS
- Any area in or on, with 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 the public located within 1,000 feet of the real property boundary line comprising any 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. An "area accessible to the public" shall mean sidewalks, streets, parking lots, public parks and swimming pools, playgrounds, stores and restaurants.
- FACILITY FOR MINORS
- 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, licensed day-care centers, certified or otherwise sanctioned by the State of New York and/or a political subdivision of the State of New York.
Nothing within this chapter shall be construed as restricting any lawful condition of supervision that may be imposed on a sentenced Level Two sex offender.
Failure to comply with any provision of this chapter shall be deemed a misdemeanor, and the violator shall be liable for a fine of not less than $1,000 or imprisonment not to exceed one year, or both; and each incident that such violation continues shall constitute a separate misdemeanor.