[HISTORY: Adopted by the Town Board of the Town of Wallkill 6-14-2007
by L.L. No. 12-2007. Amendments noted where applicable.]
A.Â
The Town of Wallkill Town Board finds and determines
that due to the recidivism rate among convicted sex offenders following their
release from confinement, there exists a heightened potential for reoccurrence
of their crimes when they reside, have employment or frequent areas where
children are likely to regularly congregate, such as public or nonpublic elementary,
middle and high schools, child-care facilities, parks, playgrounds, public
or private youth centers or public swimming pools.
B.Â
The Town of Wallkill Town Board further determines that
it is essential for the Town of Wallkill to make every effort to protect children
from sex offenders who have committed sexual offenses against minors.
C.Â
The Town of Wallkill Town Board further determines that
it is in the best interests of the health, safety and welfare of the residents
of the Town of Wallkill, and particularly its children, to establish residency
restrictions and restrictions on location of employment and other activities
for sex offenders who have committed sexual offenses against minors.
D.Â
It is the purpose of this chapter to prohibit sex offenders
from residing, having employment or otherwise entering or remaining within
1,000 feet of areas and facilities that would provide them easy access to
potential victims.
As used in this chapter, the following terms shall have the meanings
indicated:
A licensed and/or registered nursery, preschool, child day-care center,
group family day-care home, and family day-care home as defined by the New
York State Social Services Law.
Within 1,000 feet of the real property comprising a public or private,
elementary, middle or high school, designated school bus stop, child-care
facility, nature preserve, park, playground, public or private youth center
or public swimming pool, public or commercial recreational facility clearly
designed to attract children, including but not limited to theaters, bowling
alleys, sports fields, exercise or sporting facilities and additionally, two-family
or multifamily dwellings, apartment buildings, co-ops, condominiums, mobile
home (trailer) parks, or other clustered housing developments (10 or more
single-family homes on less than 1/3 acre), hotels, motels, and rooming houses.
Doing work, whether or not for financial gain.
The place where a person sleeps, which may include more than one
location and may be mobile and/or transitory.
A person who has been convicted of a sexual offense as defined in
Paragraph 1 of § 168-a of the New York State Corrections Law.
A sex offender, as herein defined, entering or remaining within a child
safety zone does not commit a violation of this chapter if any of the following
apply:
A.Â
The sex offender is serving a sentence at a jail, prison,
juvenile facility or other correctional institution or facility, or is an
inpatient in a hospital, hospice, mental health facility or nursing home.
However, this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
B.Â
The sex offender has established employment that would
otherwise be in violation of this chapter prior to the effective date of this
chapter. However, this exception does not apply to an individual who initiates
or maintains contact with a minor within that child safety zone other than
for purposes relating to schooling. In such case, the parent(s) or legal guardian
of the minor contacted must be informed of the contact.
C.Â
The sex offender attends primary, secondary or postsecondary
school that would otherwise be in violation of this chapter. However, this
exception does not apply to an individual who initiates or maintains contact
with a minor within that child safety zone.
D.Â
The sex offender only intermittently or sporadically
enters a child safety zone for the purposes of work. However, this exception
does not apply to an individual who initiates or maintains contact with a
minor within that child safety zone.
E.Â
A child safety zone is newly located on or after the
effective date of this chapter. However, this exception does not apply to
an individual who initiates or maintains contact with a minor within that
child safety zone.
F.Â
The sex offender is a minor or a ward under a guardianship.
However, this exception does not apply to an individual who initiates or maintains
contact with a minor within that child safety zone.
G.Â
The sex offender enters a child safety zone for the purposes
of exercising the right to vote. However, this exception does not apply to
an individual who initiates or maintains contact with a minor within that
child safety zone.
Any person who resides or lives in a child safety zone, as defined in § 93-2, shall have six months from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within that time period shall constitute a violation of this section.
The first violation of the provisions of this chapter shall be a Class
B misdemeanor punishable by a fine up to $500 and imprisonment of up to three
months in jail. A second or subsequent violation shall be a Class A misdemeanor,
punishable by a fine of up to $1,000 and imprisonment of up to one year in
jail.
The Town of Wallkill Police Department shall have the power to enforce
the provisions of this chapter.
The restrictions outlined in § 93-4 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law Article 6-C, the Sex Offender Registration Act.
