Town of Tully, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tully 2-11-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
130a Notice to Sex Offender

§ 130-1 Title.

This chapter 130 shall be known as "Child Safety Zones."

§ 130-2 Legislative intent; purpose.

A. 
The Town of Tully Town Board finds and determines that due to the recidivism rate among convicted sex offenders, specifically Level Two and Level Three sex offenders, there exists a heightened potential for reoccurrence of sex offenders' crimes when they reside in, have employment in or frequent areas where children are likely to regularly congregate, such as public or nonpublic elementary, middle and high schools, child-care facilities, parks, playgrounds, public or private youth centers, swimming pools or beaches or commercial recreational facilities clearly intended to attract or serve children, including but not limited to dance studios, arcades, theaters, bowling alleys, sports fields, sport facilities and, additionally, multifamily dwellings (three families or more), apartment buildings, co-ops, condominiums, mobile home (trailer) parks or other clustered housing developments (10 or more single-family homes on less than 1/3 acre).
B. 
The Town of Tully Town Board further determines that it is essential for the Town of Tully to make every effort to protect children from such sex offenders who have committed sexual offenses against minors.
C. 
The Town of Tully Town Board further determines that it is in the best interest of the health, safety and welfare of the residents of the Town of Tully, and particularly its children, to establish residency restrictions and restrictions on location of employment and other activities for such sex offenders who have committed sexual offenses against minors.
D. 
It is the purpose of this chapter, with certain conditions and restrictions, to prohibit such sex offenders from residing, having employment or otherwise entering or remaining within 500 feet of areas and facilities that would provide easy access to potential victims.

§ 130-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHILD-CARE FACILITY
A licensed and/or registered nursery, preschool, child day center, group family day-care home and family day-care home as defined by the New York State Social Services Law.
CHILD SAFETY ZONE
The entire area within a five-hundred-foot radius of the real property comprising a public or private elementary, middle or high school, child-care facility, nature preserve, park, playground, public or private youth center, swimming pool or beach or other public or commercial recreational facility clearly intended to attract or serve children, including but not limited to dance studios, arcades, theaters, bowling alleys, sports fields, sporting facilities and, additionally, subject to the exception under § 130-5I, multifamily dwellings (three families or more), apartment buildings, co-ops, condominiums, mobile home (trailer) parks or other clustered housing developments (10 or more single-family homes on less than 1/3 acre). Hotels, motels and rooming houses shall be exempt from a child safety zone, provided that the owner/manager notifies all patrons of their housing units, in writing, that a sex offender is living on the premises.
EMPLOYMENT
Doing work, whether or not for financial gain.
LAW ENFORCEMENT OFFICER
Either the chief law enforcement officer of the local police department within the Town of Tully, the Onondaga County Sheriff's Department or the New York State Police Department.
RESIDENCE
The place where a person sleeps, which may include more than one location and may be mobile and/or transitory.
SEX OFFENDER
As defined in Subdivision 1 of § 168-a of the Corrections Law, but shall specifically not include registered Level One sex offenders.

§ 130-4 Restrictions.

Except as otherwise expressly permitted herein:
A. 
A sex offender shall not live or reside (maintain residence) within a child safety zone.
B. 
A sex offender shall not maintain employment within a child safety zone.
C. 
A sex offender shall not loiter for purposes of committing any crime within a child safety zone.

§ 130-5 Exceptions.

A sex offender entering or remaining within a child safety zone does not commit a violation of this chapter if any of the following apply:
A. 
The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility or is an inpatient in a hospital, hospice, mental health facility or nursing home. However, this exception shall not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
B. 
The sex offender has established employment that would otherwise be in violation of this chapter, prior to the effective date of this chapter. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone other than for purposes required for such employment. In such cases, the parent or legal guardian of the minor contacted shall be informed of the contact.
C. 
The sex offender attends primary, secondary or post-secondary school that would otherwise be in violation of this chapter, or has written authorization from the superintendent of schools or his/her designee relative to the conduct of legitimate school business or activity (e.g., parent-teacher conferences, child or grandchild's concert, etc.). However, this exception does not apply to an individual who initiates or maintains contact with a minor (other than otherwise legally permitted conduct with a child/grandchild) within that child safety zone.
D. 
The sex offender only intermittently or sporadically enters a child safety zone for the purposes of work. However, this exception does not apply to an individual who initiates or maintains contact with a minor within the child safety zone.
E. 
The sex offender shall only be permitted to drive past or through child safety zones, as defined in § 130-3 of this chapter, for the purposes of traveling. Under no circumstance shall a sex offender be allowed to initiate or maintain contact with any child while driving past or through child safety zones as defined in § 130-3 of this chapter.
F. 
A child safety zone is newly located on or after the effective date of this chapter. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
G. 
The sex offender is a minor or a ward under a guardianship. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
H. 
The sex offender enters a child safety zone for the purposes of exercising the right to vote. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
I. 
Binding contracts; lease agreements.
(1) 
The foregoing provisions of § 130-4A notwithstanding, this provision shall not apply to:
(a) 
The owners of a residence who have acquired a title or executed a binding contract (i.e., one that cannot be canceled and made null and void without penalty to the purchaser) prior to the effective date of this chapter; or
(b) 
Any tenant under a written lease agreement, entered into prior to the effective date of this chapter, for the stated term of such lease agreement (however, excluding any optional extension or renewal provisions).
(2) 
Upon request of the Town of Tully, the sex offender shall provide documentation supporting the foregoing, including, if requested, in a sworn (or affirmed) written statement made under penalty of perjury.
(3) 
A sex offender who initiates or maintains contact with a minor within such child safety zone shall nevertheless be guilty of a violation of the provisions of this chapter.
J. 
The foregoing provisions of § 130-4A and B notwithstanding, the sex offender may reside within a child safety zone, within a multifamily dwelling (three families or more), apartment buildings, co-ops, condominiums, mobile home (trailer) parks or other clustered housing developments (10 or more single-family homes on less than 1/3 acre), provided written notice of same is delivered to the landlord or managing agent at the time of rental application and, within five days of taking residence or occupancy, to all occupants and residents within 500 feet of the sex offender's residence, workplace or other living quarters prior to occupancy, via personal service (by agent) or registered or certified mail. A like notice shall be delivered once during each following one-year period for the duration of such residency or occupancy. The sex offender shall maintain proof of such service of written notice for a period of five years and shall provide same to the Town of Tully upon request. A sex offender who initiates or maintains contact with a minor within such child safety zone shall nevertheless be guilty of a violation of the provisions of this chapter.

§ 130-6 Relocation.

Any person who resides or lives in a child safety zone as defined herein and is not subject to an exception stated at § 130-5 hereof shall have six months from the later of the effective date of this chapter or two months from the date of the notice of prohibition to move. Failure to move to a location which is in compliance with this section within that time period shall constitute a violation of this section.

§ 130-7 Notice of prohibition; form of notice; service.

A notice of prohibition, as provided for in § 130-6 hereof, shall be served by registered or certified mail on a sex offender who resides or lives in a child safety zone or, alternatively, shall be served by the law enforcement officer having jurisdiction. Such notice of prohibition shall be in substantially the following form.[1]
[1]
Editor's Note: The notice of prohibition is included at the end of this chapter.

§ 130-8 Penalties for offenses.

The first violation of the provisions of this chapter shall be a Class B misdemeanor, punishable by a fine of up to $500 and imprisonment for up to three months in jail. A second or subsequent violation shall be a Class A misdemeanor, punishable by a fine of up to $1,000 and imprisonment for up to one year in jail.

§ 130-9 Cessation of restrictions.

The restrictions outlined in § 130-4 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Corrections Law Article 6-C, the Sex Offender Registration Act.

§ 130-10 Immunity from liability.

A. 
No official, employee or agency, whether public or private, shall be subject to any civil or criminal liability for damages in connection with the implementation or enforcement of this chapter unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
B. 
Nothing in this section shall be deemed to impose any civil or criminal liability upon or to give rise to a cause of action against any official, employee or agency, whether public or private, for failing to implement or enforce the provisions of this chapter, unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
C. 
More particularly, in enforcing the provisions hereof, the Town of Tully is not charged with nor does it assume the duty of periodic monitoring of public records and Internet websites which publish the names and addresses of sex offenders for the purpose of ensuring compliance. The Town of Tully, however, shall, in a reasonable manner, act upon credible information, provided by residents or the public in general, in sending out notices of prohibition where warranted and in otherwise enforcing or inducing compliance with the provisions of this chapter.

§ 130-11 Child safety zone map.

The Town shall maintain and keep on file for public review in the Town Clerk's office a map (the map) showing the approximate locations of child safety zones, as defined in § 130-3 herein, within the Town, outside of the Village. The Town shall endeavor to update the map, from time to time, based upon credible information acquired, provided by residents or the public relative to the location of new, relocated or newly discovered child safety zones located within the Town and not shown on the map; however, the Town shall not be legally obligated to update or timely update same, nor shall any civil or criminal liability nor any cause of action against the Town or any official, employee or agent thereof whatsoever arise from the Town's failure to update or timely update same.

§ 130-12 Severability.

If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstances is adjudged invalid or unconstitutional by any court of competent jurisdiction, such order or judgment shall be confined in its operation or in its application to the clause, sentence, paragraph, subdivision, section or part of this chapter directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. Further, in adjudging such invalid provision, the court shall attempt to modify same to a provision which is not invalid or unconstitutional and which best achieves the intent of the invalid provision in protecting minors from sex offenders within the Town of Tully.