As used this chapter, the following terms shall
have the meanings indicated:
DAY-CARE CENTERS
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.
MINOR
Persons under 18 years of age.
PARK
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.
PLAYGROUND
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.
REGISTERED SEX OFFENDER
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.
RESIDENCE
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SCHOOL
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."
SEX OFFENDER or SEXUAL PREDATOR
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:
(1) One thousand three hundred twenty feet (one-quarter
mile) of the property line of any land utilized, in whole or in part,
as a school;
(2) One thousand three hundred twenty feet (one-quarter
mile) of the property line of any land utilized, in whole or in part,
as a park or playground.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
EMPLOYEE
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.
SENSITIVE POSITION
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.
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.