[HISTORY: Adopted by the City Council of the City of Ogdensburg 6-25-2007 by Ord. No. 5-2007. Amendments noted where applicable.]
The title of this chapter shall be the "Child Protection Act."
A.
It
is the intent of this chapter to serve the City's compelling
interest to promote, protect and improve the health, safety and welfare
of the citizens of the City by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders are prohibited from establishing temporary or permanent
residence.
B.
The
City Council of the City of Ogdensburg finds that one of the highest
priorities of local government is the protection of the health and
safety of its citizens. This is especially true for children and other
vulnerable members of society. The City Council further finds that
Level 3 convicted sex offenders pose a significant continuing risk
to society.
C.
The
City Council finds that the protection of the victims and potential
victims of sexual offenders in Ogdensburg is a matter of unique local
concern not fully and adequately addressed by state law. The City
Council finds that the disclosures required and the limitations contained
herein will protect the citizens of Ogdensburg and in protecting children
who may come into proximity with a sex offender in the scope of employment
with the City.
D.
The
City Council finds that the City of Ogdensburg agrees with the New
York State Division of Criminal Justice Services risk assessment of
sex offenders and has made no determination that conflicts with restrictions
placed on any particular sex offender or level of sex offenders. Rather,
the Council finds that this chapter is remedial in nature and designed
to fill certain gaps in state law as well as to provide protections
for residents of the City who receive certain services from the City.
The Council further finds this chapter to be the most narrowly tailored
means of fulfilling its compelling interest in the safety of its citizens.
Finally, the Council does not intend for any person to use the information
required by this chapter to harm or injure any registrant under the
law.
For purposes of this chapter, the following shall apply unless
the context clearly indicates a different meaning:
A search of the records of the Police Department of the City
of Ogdensburg and a search to determine if a person is listed or registered
on the New York State Sex Offender Registry.
Persons under 18 years of age. The singular and plural shall
include one another. If the applicable statute defining a crime against
a child refers to a child younger than 18, the younger age shall control.
An individual, a business enterprise, including a sole proprietorship,
a partnership, a corporation, a not-for-profit corporation, or any
other party to a City contract, or a bidder in conjunction with the
award of a City contract or a proposed party to a City contract.
The New York State Division of Criminal Justice Services.
Any individual, partnership, association, corporation, business
trust, legal representative or organized group of persons paying wages
or any form of compensation to any person for services that directly
or indirectly benefit the individual, partnership, association, corporation,
business trust, legal representative or organized group of persons.
His or hers.
Any person under the age of 18 years.
The Ogdensburg Police Department.
The grounds and buildings thereon, waters therein and any other property necessary for the operation thereof and constituting a part thereof, which is now or may hereafter be maintained, operated and controlled for public park, playground or recreational purposes. "Park, playground or recreational area" shall include the following locations: Greenbelt as the same is defined in § 149-2 of the Municipal Code of the City of Ogdensburg, Hamilton Street Park, Grove Street Park, Father Martin Park, New York Avenue Park, Lockwood Arena and the associated real property, Maple City Trail, Park Street Field, Montroy Park and Jefferson Avenue Ball park.
Any person required to register under Article 6-C of the
Corrections Law of the State of New York (Sex Offender Registration
Act).
One year from the date of first registration under this chapter.
Any building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied,
as place of one's domicile, home, or sleeping place of human
beings.
Any person who lives in the City of Ogdensburg in any apartment
or home, has a usual place of abode in the City, is domiciled in the
City or temporarily present in the City and staying at a homeless
shelter or an extended-stay establishment.
A licensed or accredited public, charter, private or religious
school that offers instruction to students in kindergarten through
any grade up to Grade 12.
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.
Shall have the same meaning as the term is defined in § 168-a,
Subdivision 1, of the Corrections Law of the State of New York.
Any hotel, motel, rooming house, inn, rooming unit, bed-
and-breakfast, residence inn, country inn, motor court, R-V park or
motor lodge that lets or provides any space for occupancy by any person.
Any place of business that provides services or utilities to motor
homes, recreational vehicles, and trucks with campers or any other
motor vehicle in which an individual does or may sleep overnight is
a temporary residence under this chapter.
A.
After
the effective date of this chapter, it shall be unlawful for any Level
3 sex offender to establish a permanent or temporary residence within
200 feet of any school ground, park, playground or recreational area.
B.
For
purposes of determining the minimum distance separation, the distance
shall be measured by following a straight line from the outer property
line of the permanent residence or temporary residence to the nearest
outer property line of a school ground, park, playground or other
recreational area.
After the effective date of this chapter, it shall be unlawful
for any Level 3 sex offender to enter, stop, sit, or stand within
any park, playground or recreational area.
A.
City
employees. Ogdensburg City will conduct a background search of any
and all employees that may be alone with a child within the scope
of the performance of their duties. No person convicted of a sex offense
will be allowed to work alone with or supervise any child.
B.
City
contractors. All persons or entities that enter into contracts with
the City and are the employer of any person that may be alone with
a child within the scope of the performance of the contract shall
conduct a background search of any and all such employees and compare
the background search to any applicable registration information available
on the state's website and/or the sex offender hotline maintained
by the State of New York. No person convicted of a sex offense will
work alone with or supervise any child. Any failure by the contractor
to comply is a material breach of the contract and entitles the City
to terminate the contract. This subsection includes, but is not limited
to, 501(c)(3) entities and charitable entities. Any person or entity
to which this subsection applies shall notify OPD immediately if that
person or entity has or obtains any information about any registrant
that does not conform with the information the registrant provided
to the DCJS.
A person residing within 200 feet of a school ground, city park
or city playground does not commit a violation of this section if
any of the following apply:
A.
The
person established the permanent residence prior to the effective
date of this chapter.
B.
The
person was a minor when he/she committed the offense and was not convicted
as an adult.
C.
The
person is a minor.
D.
The
school ground, city park or city playground within 200 feet of the
person's permanent residence was opened after the person established
permanent residence.
E.
The
provisions of this chapter shall not be applicable to persons incarcerated
in any facilities owned, maintained and/or operated by Ogdensburg
City, St. Lawrence County, or New York State.
Nothing in this chapter creates or shall create a cause of action
against the City of Ogdensburg not already authorized under existing
law. Without limitation, the City is not liable to any person harmed
who claims that conditions under this chapter may have prevented the
harm.
This chapter shall be enforced by the OPD. The Chief of Police
shall cause a copy of this chapter and the Prohibited Area Map to
be provided to each registered sex offender who has registered under
Megan's Law and who is residing within the City limits.
Each violation of this chapter shall be punishable by a fine
of $250 and/or 10 days in jail. The City shall also be entitled to
injunctive relief to enforce the provisions of this chapter.
