[HISTORY: Adopted by the Town Board of the
Town of Tully 2-11-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
This chapter 130 shall be known as "Child Safety Zones."
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
Doing work, whether or not for financial gain.
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.
The place where a person sleeps, which may include more than
one location and may be mobile and/or transitory.
As defined in Subdivision 1 of § 168-a of the Corrections
Law, but shall specifically not include registered Level One sex offenders.
Except as otherwise expressly permitted herein:
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.
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.
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.
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.
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.
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.
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.
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.
