[HISTORY: Adopted by the City Council of
the City of Auburn as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-1-2007 by L.L. No. 2-2007]
A.
The highest priority of government is the safety and
protection of its residents, especially its children. The City of
Auburn has had placed in its borders a large number of registered
sex offenders, some of which have committed criminal sexual offenses
against minors. A number of these sex offenders have been categorized
as Level III sex offenders who have been determined to pose a high
risk of committing another sexual crime.
B.
This Council finds and determines that it is essential
to assure residents of the City of Auburn that City government continues
to make every effort to protect children from sex offenders.
C.
This Council further finds and determines that it
is in the best interests of City of Auburn residents to establish
residency and proximity restrictions for Level III sex offenders.
D.
Accordingly, the purpose of this article is to prohibit
Level III sex offenders from residing within, or entering within,
a radius of 500 feet measured from the main, or secondary, or tertiary
entrances of a public or private school, nursery school, preschool,
child-care facility, playground, or park.
As used in this article, the following terms
shall have the meanings indicated:
Licensed and/or registered child day-care centers, group
family day-care homes and family day-care homes as defined by the
New York State Social Services Law.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A person who has been convicted of a sexual offense and has
received a Level III designation as defined under Article 6-C of the
New York State Correction Law.
[Amended 5-15-2008 by L.L. No. 1-2008]
A Level III sex offender as herein defined shall
not reside within, or enter within, a radius of 500 feet measured
from the main, or secondary, or tertiary entrances of a public or
private school, nursery school, preschool, child-care facility, playground,
or park. Notwithstanding, however, a Level III sex offender may enter
within the five-hundred-foot radius solely for the purpose of employment,
shopping or attending appointments, but in no event shall the sex
offender enter onto the premises of a public or private school, nursery
school, preschool, registered day-care center, playground, or park
while working, shopping or attending any appointments.
Notification of passage of this article, and
of these prohibitions, shall be delivered in writing, by the City
of Auburn Police Department, to each and every Level III registered
sex offender now residing, or in the future residing, within the City
of Auburn. Notifications will also be delivered in writing by the
City of Auburn Police Department to the New York State Police, the
New York State Division of Parole, the Cayuga County Parole Department,
all school districts and private schools within the City of Auburn,
and all child-care facilities as defined in this article.
Any violation of the provisions of this article
shall be deemed to be an A misdemeanor punishable by a fine not exceeding
$1,000, or imprisonment for a term not exceeding one year; or both
such fine and imprisonment.
It is intended that this article shall apply
only to Level III sex offenders. This article is not intended to replace,
mitigate, abrogate, modify or in any way extend, enhance or supplant
any existing law enforcement requirements by any other agencies as
designated under any applicable state statutes.
