[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 8-14-2006
by L.L. No. 8-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and public property — See Ch. 180.
[1]
Editor's Note: This local law also repealed former Ch. 202, Sex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:
A person who:
A.
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
B.
By reason of his or her conviction of the offense, the
person:
(1)
Receives a sentence of probation or conditional discharge
on or after September 1, 2005; or
(2)
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
(3)
SCHOOL GROUNDS
FACILITY FOR MINORS
Is conditionally released pursuant to § 70.40
of the New York State Penal Law on or after September 1, 2005.
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.
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.
