[HISTORY: Adopted by the Town Board of the Town of Dickinson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2006 by L.L. No. 5-2006 (Ch. 88A, Art. I, of
the 1983 Code)]
This article shall be known as the "Law Regulating the Movement
of Certain Convicted Sex Offenders in Certain Sections of the Town
of Dickinson."
This article is hereby adopted and enacted pursuant to the authority
conferred by the New York State Municipal Home Rule Law, which enables
local governments to adopt local laws relating to their property,
affairs, or government, so long as the local laws are not inconsistent
with the New York State constitution or any general law of New York
State. The New York State Municipal Home Rule Law also authorizes
local governments to adopt local laws regulating the protection, order,
conduct, safety, health and welfare of the persons within the local
municipality. This article is adopted in recognition of the recently
enacted Chapter 544 of the Laws (of the State of New York) of 2005,
which prohibits certain sex offenders placed on conditional release
or parole or probation from entering upon school grounds or other
facilities where children are cared for. The Town of Dickinson Town
Board has determined that this article is not inconsistent with said
Chapter 544 of the Laws of 2005.
In order to safeguard and protect the health, safety and welfare
of the children of the Town of Dickinson, and in particular to protect
the children of the Town of Dickinson from access by convicted sex
offenders who may be present in the Town, it is hereby declared that
the movement of certain convicted sex offenders must be regulated,
consistent with recently enacted state law, particularly in the areas
of school grounds and facilities where children are cared for.
As used in this article, the following terms shall have the
meanings indicated:
Any facility or institution primarily used for the care or
treatment of persons under the age of 18 while one or more of such
persons under the age of 18 are present, including but not limited
to day-care centers licensed, certified or otherwise sanctioned by
the State of New York and/or a political subdivision of the State
of New York.
A person who:
Is convicted of an offense defined in Article 130, 235 or 263
of the New York State Penal Law and the victim of the offense was
a person under the age of 18 at the time of the offense; or, is designated
as a "level two sexual offender" pursuant to Subdivision 6 of § 168-l
of the New York State Correction Law; and
By reason of his or her conviction for the offense, the person:
Receives a sentence of probation or conditional discharge on
or after September 1, 2005; or
Is released on parole or a conditional release pursuant to Subdivision
1 or 2 of Subdivision 14 of § 259-c of the New York State
Executive Law on or after September 1, 2005; or
Is conditionally released pursuant to § 70.40 of the
New York State Penal Law on or after September 1, 2005.
Any area in or on or within any building, structure, athletic
playing field, playground or land contained within the real property
boundary line of a public or private elementary, parochial, intermediate,
junior high, vocational, or high school; or
Any area accessible to the public located within 1,000 feet
of the real property boundary line comprising any such school or any
parked automobile or other parked vehicle located within 1,000 feet
of the real property boundary line comprising any such school. For
the purposes of this subsection, an "area accessible to the public"
shall mean sidewalks, streets, parking lots, parks, playgrounds, stores
and restaurants.
Level two sex offenders are hereby prohibited from knowingly
entering into or upon any school grounds or any facility or institution
primarily used for the care or treatment of persons under the age
of 18; provided, however, that if such level two sex offender is a
registered student or participant or an employee of such school grounds
or facility or institution primarily used for the care or treatment
of persons under the age of 18, or an entity contracting therewith,
or has a family member enrolled in such school grounds or facility
or institution primarily used for the care or treatment of persons
under the age of 18, said level two sex offender may enter upon such
facility only if a written authorization of his or her probation officer
or the court and the superintendent or chief administrator of such
school grounds or facility or institution primarily used for the care
or treatment of persons under the age of 18 is obtained and for the
limited purposes authorized by the probation officer or the court
and superintendent or chief officer of such school grounds or facility.
In addition to the foregoing, such level two sex offender may also
lawfully enter into or upon a school grounds or facility or institution
primarily used for the care or treatment of persons under the age
of 18 if he or she: a) has a medical emergency requiring immediate
attention at a health care provider; or b) has lawful business at
a federal, state or local court or governmental agency; or c) is traveling
on an interstate or New York State maintained roadway within the proximity
of school grounds or a facility or institution primarily used for
the care or treatment of persons under the age of 18. Nothing in this
article shall be construed as restricting any lawful condition of
supervision that may be imposed on a sentenced level two sex offender.
Any person who shall violate any provisions of this article,
upon conviction, shall be guilty of an offense and subject to a fine
of not more than $500 nor less than $100 or imprisonment for a period
of not more than one year, or both, for a conviction of a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than
$500 nor more than $750 or imprisonment for a period of not more than
one year, or both; and, upon conviction of a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $750 nor more than $1,000 or imprisonment
for a period of not more than one year, or both. Each week's
continued violation shall be deemed a separate additional violation.
In addition, the Town of Dickinson shall have such other remedies
as are provided by law to restrain, correct or abate any violation
of this article.
