[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 12-20-2005 by L.L. No. 33-2005, effective 12-27-2005. Amendments
noted where applicable.]
A.
The Town Board finds that sex offenders pose a significant
threat to the health and safety of the community and especially to
children, whose age and inexperience makes them particularly vulnerable
to the heinous and reprehensible acts of these offenders; and
B.
The Board finds that the rate of recidivism is high
and programs designed to treat and rehabilitate these types of offenders
have been largely ineffective. Limiting the frequency of contact between
registered sex offenders and areas where children are likely to congregate
reduces the opportunity and temptation and can minimize the risk of
repeated acts against minors; and
C.
It is the intention of the Town Board to exercise
its authority pursuant to Article IX, § 2(c)(i) and (ii)(1)
and (10) of the New York State Constitution, § 10(1)(ii)(a)(12)
and (d)(3) of the Municipal Home Rule Law, § 64(22), § 130(11)
and (15) of the Town Law and any other applicable or successor law,
presently in existence or hereinafter enacted, to protect and safeguard
the lives and well-being of the community, and especially children,
from registered sexual predators while children are in close proximity
to schools, parks and playgrounds; and
D.
After careful consideration, the Town Board finds
that this legislation is the most narrowly tailored means of limiting,
to the fullest extent possible, the opportunity for registered sex
offenders to approach or otherwise come in contact with children in
places where children would naturally congregate and that the protection
of our residents is a compelling governmental interest.
E.
By the enactment of this or any other legislation,
the Town Board understands that it cannot remove the threat posed
to or guarantee the safety of minors, or assure the public that registered
sex offenders will comply with the mandates of this statute. This
legislation 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.
As used this chapter, the following terms shall
have the meanings indicated:
Persons under 18 years of age.
Any establishment where a child or children are cared for
on a regular basis and such service is provided away from the child's
residence for less than 24 hours per day by someone other than the
parent, step-parent, guardian or a relative of the child, whether
or not such service is provided for compensation of any kind. Day-care
centers shall include but are not limited to after-school programs,
school-age day-care programs, facilities defined in § 410-p
of the New York State Social Services Law, and as provided in § 390
of the New York State Social Services Law, or other applicable or
successor law. For purpose of this article the term "day-care center"
shall not apply to services provided in a private dwelling, unless
a substantial portion of the lot where the dwelling is located, as
determined by the Town, has been converted to such use.
As defined in § 85-1.
[Added 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
Persons under 18 years of age.
Includes active and passive public land designated for recreational
or athletic use by the Town of Brookhaven, County of Suffolk, State
of New York, the United States of America or other governmental subdivision,
and located within the Town of Brookhaven, exclusive of its Incorporated
Villages. For the purposes of this chapter, the term "park" shall
include beaches.
Public land designated for recreational or athletic purposes
by any school district, library district, Town of Brookhaven, County
of Suffolk, State of New York, the United States of America or other
governmental subdivision and located within the Town of Brookhaven,
exclusive of its Incorporated Villages.
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.
Includes any portion of private or public land, buildings
or structures utilized primarily for public or private education,
as defined by the New York State Department of Education and/or the
New York State Education Law, and includes, but is not limited to,
pre-schools, kindergartens and nursery schools, elementary, primary,
intermediate, junior high, middle and secondary schools, high schools,
vocational and special education schools. For the purposes of this
chapter, the term "school" shall include "day-care centers."
Any person who is a resident of the Town of Brookhaven, exclusive
of its Incorporated Villages, and has been convicted of an offense
provided in § 168-a(1), (2), (3), (7) and (8) of the New
York State Correction Law or any successor or applicable law where
the victim was a minor. The use of one term shall be deemed to include
the other.
[Amended 6-3-2008 by L.L. No. 14-2008,
effective 6-9-2008]
A.
It shall be unlawful for a registered sex offender
to establish a residence or domicile within the limits set forth below:
B.
It shall be unlawful for a property owner or person
in charge of the property to knowingly lease or sublease the property
to a registered sex offender, or to otherwise cause, permit, or allow
such offender to establish a residence or be domiciled at the premises,
if the property is located within an area prohibited by this chapter.
C.
It shall be unlawful for more than two registered
sex offenders to reside in and/or occupy the same one-family dwelling.
[Added 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
D.
It shall be unlawful for a property owner or person
in charge of the property to knowingly cause, permit or allow more
than two registered sex offenders to reside in and/or occupy a one-family
dwelling.
[Added 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
[Amended 6-3-2008 by L.L. No. 14-2008,
effective 6-9-2008]
In any prosecution of a violation of this article,
the following may be raised by the defendant:
A.
The registered sex offender or registered sexual predator
has established a residence or domicile within 1,000 feet of a school,
park or playground before December 27, 2005; or
B.
A school, park or playground is newly located on or
after December 27, 2005, and the registered sex offender or registered
sexual predator has already established a residence or domicile within
1,000 feet from the new building which is prohibited by this legislation.
C.
The registered sex offender is required to reside
or 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.
D.
The registered sex offender or registered sexual predator
is the owner of record of a residence or domicile within a distance
greater than 1,000 feet and up to 1,320 feet of a school, park or
playground before June 3, 2008; or
E.
A school, park or playground is newly located on or
after June 3, 2008, and the registered sex offender or registered
sexual predator is the owner of record of a residence or domicile
within a distance greater than 1,000 feet and up to 1,320 feet from
the newly located school, park or playground.
F.
More than two registered sex offenders resided in
and/or occupied the same one-family dwelling before August 5, 2008.
[Added 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
[Amended 6-3-2008 by L.L. No. 14-2008,
effective 6-9-2008]
A.
A registered sex offender who resides or is domiciled
within an area prohibited by this article shall, upon written notice
from the Director of Public Safety, permanently discontinue said residence
or domicile within 45 days of receipt of such notice. The notice may
be in the form acceptable to the Director of Public Safety, and shall
be mailed by the Department of Public Safety by certified or registered
mail, return receipt requested, and by regular mail. Proof that the
registered sex offender has permanently relocated shall be provided
by the offender to the Director of Public Safety within 30 days of
such relocation.
B.
In the event the registered sex offender fails, refuses
and/or neglects to relocate or otherwise does not cease using the
location as his/her place of residence or domicile, or resides in
and/or occupies a one-family dwelling with more than one other registered
sex offender, then he/she shall be deemed to have committed an offense
against the provisions of this article, and shall be liable for such
violation and the penalty thereof, and shall, upon conviction thereof,
be subject to a fine of not less than $250 and not more than $2,500
per offense. Each week, or part thereof, such violation continues
following notification by the Town, or service of a notice of violation
or summons, shall constitute a separate offense, punishable in like
manner.
[Amended 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
C.
A property owner or person in charge of the property who violates § 55-3B and/or § 55-3D of this chapter shall be deemed to have committed an offense against the provisions of this article, and shall be liable for such violation and the penalty thereof, and shall, upon conviction thereof, be subject to a fine of not less than $250 and not more than $2,500 per offense. Each week, or part thereof, such violation continues shall constitute a separate offense, punishable in like manner.
[Amended 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
[Added 8-5-2008 by L.L. No. 16-2008,
effective 8-11-2008]
Should any section, subsection, paragraph, sentence
or phrase of this Town Code be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the
remaining portions of this Town Code.
A.
The Board's findings on the threat posed by sex offenders to the health, safety and welfare of the community and particularly to children and the compelling governmental interest in protecting, to the fullest extent possible, minors from the actions of these offenders are more fully set forth in Article I of this chapter, and such findings are, for all purposes, equally applicable and incorporated into the provisions of this article.
B.
The Town Board finds that employees providing services
to the Town in capacities which would bring them in close proximity
to children in the performance of their assigned duties are in sensitive
positions. Accordingly, the health, safety and welfare of children
using Town beaches, parks and playgrounds, as well as those attending
camps and other Town-sponsored recreational and athletic programs
would be best served by avoiding situations where registered sex offenders,
if any, in the performance of their duties for the Town are placed
in regular and/or repeated contact with such minors.
C.
The Town Board further finds that while a person who
has been convicted of a crime is not, by virtue of such conviction,
unsuitable for employment, or unfit or unable to perform governmental
functions and duties, one who is convicted of a sexual offense against
a minor as provided in § 168-a(1), (2), (3), (7) and (8)
of the New York State Correction Law, and any successor or applicable
law, should not be assigned to places where children are expected
to congregate because it exposes those children to an unreasonable
risk of harm, and there is a direct relationship between the previous
criminal offense and the nature of the employment sought. Further,
in the opinion of the Board, the likelihood that a sex offender will
repeat the offense may be increased if he or she is placed in a position
where there is regular and repeated daily contact with children or
children are in close proximity; and therefore, after due deliberation,
the Town Board determines that the issuance of a Certificate of Relief
from Disabilities cannot, under the circumstances, exempt such offenders
from the provisions of this chapter.
D.
For the foregoing reasons, the Town Board intends
to exercise its authority pursuant to Article IX, § 2(c)(i)
and (ii)(1) and (10) of the New York State Constitution, § 10(1)(ii)(a)(1)
and (12) and (d)(3) of the Municipal Home Rule Law, § 64(22)
and § 130(11) and (15) of the Town Law, Labor Law § 201-a,
and any other applicable or successor law, presently in existence
or hereinafter enacted, to protect and safeguard the lives and well-being
of the community, and especially children from registered sexual predators
while children are participating in Town-sponsored camps and other
Town recreational or athletic programs, as well as while they are
using our beaches, parks and playgrounds.
E.
After careful consideration, the Town Board finds
that this legislation is the most narrowly tailored means of limiting,
to the fullest extent possible, the opportunity for registered sex
offenders to approach or otherwise come in contact with children in
places where children naturally congregate, and that the protection
of our residents is a compelling and overriding governmental interest.
As used in this chapter, the following terms
shall have the meanings indicated:
All persons who are compensated in whole or in part by the
Town of Brookhaven for the service they perform, whether such compensation
involves the payment of money or other non-monetary benefit or thing
of value. For the purpose of this chapter, the term "employee" shall
include "independent contractors" contracted to run programs or camps
for the Department of Parks and Recreation.
Services rendered or duties performed for the Town of Brookhaven
which would, in the regular course of performing such duties, require
or place a person in close proximity to children on a regular or repeated
basis while the children are attending camps or other Town-sponsored
recreational and athletic programs, or while the beaches, parks and
playgrounds where children congregate are open to the public.
A registered sex offender shall not be hired
as an employee of the Town of Brookhaven to perform services in a
sensitive position.
A.
All applications for employment with the Town of Brookhaven
which would, if accepted, involve placement in a sensitive position
shall be forwarded by the Director of Personnel to the Director of
Public Safety for screening to determine if such applicant is a registered
sex offender.
B.
The Director of Public Safety shall screen such persons
by contacting the New York State Division of Criminal Justice Services,
or other agency maintaining a database of individuals required to
register pursuant to the provisions Article 6-C of the New York State
Correction Law, or other applicable law, either telephonically or
through the Division's website, to determine whether such person is
listed as a sex offender. Any information collected by the Director
of Public Safety shall be forwarded to the Director of Personnel,
and upon a finding that said applicant is on the database as a sex
offender, the Director of Personnel shall notify the applicant for
employment that the application has been denied in writing and the
reason for such denial.
The provisions of this article shall apply to
new applications for employment filed on or after December 27, 2005,
the effective date of this legislation. This legislation shall also
apply to current employees who request or apply for new or different
positions with the Town on or after the effective date of this legislation.
No person securing information from the Division
of Criminal Justice Services, or other agency maintaining a database,
shall use the information obtained to commit a crime against any person
listed, or to engage in illegal discrimination or harassment against
such person, and no information collected shall be disseminated for
any purpose other than to notify the appropriate Town officials of
the person's placement on the registry as a basis for the denial,
unless required otherwise required by law.
A.
Pursuant to § 168-r of the Correction Law,
no official, employee or agency of the Town shall be subject to any
civil or criminal liability for damage for any discretionary decision
to release relevant and necessary information to other employees or
officials pursuant to this chapter, or to the general public if required
by law, unless it is shown that such official, employee or agency
acted with gross negligence or in bad faith.
B.
The Town of Brookhaven, its officers and employees
shall not be subject to any liability for damages resulting from or
suffered in connection with its failure to identify the placement
of a prospective employee on the register of sex offenders. The Town's
approval of a prospective employee for placement in a sensitive position
is not a guarantee of the person's fitness to be in regular and repeated
contact with children, or a guarantee that the person has, in fact,
not been convicted of a criminal act involving a minor in this or
any other state.
C.
The Town of Brookhaven, its officers and employees
shall not be subject to any liability for damages resulting from or
suffered in connection with the failure of a registered sex offender
to comply with the mandates of this chapter.
