[Adopted 2-1-2007 by L.L. No. 2-2007]
As used in this article, the following terms
shall have the meanings indicated:
CHILD-CARE FACILITY
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.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SEX OFFENDER
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.