[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 12-3-2012 by L.L. No. 5-2012. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Farmingdale ("Village Board") recognizes that the Sex Offender Registration Act, New York's version of Megan's Law (Correction Law Article 6-C), has increased public awareness of sex offenders by requiring them to become registered with authorities and by making such information available to the public.
The Village Board finds that registered sex offenders pose a significant threat to the health and safety of the community and especially to children, whose age and inexperience make them particularly vulnerable to the heinous and reprehensible acts of these offenders. The Village Board also finds that the rate of recidivism is high, and programs designed to treat and rehabilitate these types of offenders have been largely ineffective. The Village Board further finds that restricting registered sex offenders from residing in close proximity to places where children are likely to congregate is likely to reduce the opportunity and temptation for, and can minimize the risk of, repeated acts against minors.
It is the intention of the Village Board to exercise its authority pursuant to Article IX of the New York State Constitution and § 10 of the Municipal Home Rule Law to protect and safeguard the lives and well-being of the community, especially minors, from registered sexual offenders by prohibiting registered sex offenders from residing in close proximity to places where children are likely to congregate.
This chapter is intended to create a civil, nonpunitive regulatory scheme in order to protect minors to the extent possible under the circumstances and not as a punitive measure of any kind.
For purposes of this chapter, the following terms shall have the meanings indicated:
- A person's true, fixed permanent home or fixed place of habitation.
- Any act whereby a person wanders or remains idle in essentially one place or location or sits, lounges, walks aimlessly or repeatedly frequents the same location or repeatedly circles a place, location or area.
- Any park, playground, athletic field, swimming pool operated by the Village of Farmingdale, the Farmingdale School District, the County of Nassau, the Town of Oyster Bay or the State of New York or any other municipality.
- 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 provision 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.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- A building or property, the principal purpose and use of which is as a place of education, including, but not limited to, public or private preschool, elementary and secondary schools, vocational schools as well non-degree-granting schools, including but not limited to, self-defense, dance, swimming, gymnastics or similar schools, or similar places of instruction or programs.
It shall be unlawful for any registered sex offender to loiter or establish a residence or domicile within:
It shall be unlawful for anyone to knowingly lease or sublease property to a person who is a registered sex offender where such lease violates the residency requirements set forth in this chapter. Prior to the execution or renewal of any lease owners and lessors of property shall investigate and determine if a prospective tenant is a registered sex offender.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 456-3 of this chapter shall have 30 days from receipt of a written notice of violation to relocate to a location which does not violate the restrictions set forth in § 456-3 of this chapter. Notice of violation shall also be served upon the property owner.
The residency restrictions of § 456-3 of this chapter shall not apply to registered sex offenders:
Who have established residences or domiciles within the Incorporated Village of Farmingdale prior to the effective date of this chapter;
Under the age of 18 years of age residing with his/her parent(s) or legal guardian;
That are required to be domiciled at a location fixed by an order of a court of competent jurisdiction or by any federal, state or county agency having jurisdiction thereof; or
Who have established residency prior to the establishment of the new school, park or other establishment which renders the sex offender's pre-existing residency in violation of this chapter.
Unless otherwise provided, the provisions of this chapter shall be administered and enforced on behalf of the Board of Trustees by the Building Inspector and by the Nassau County Police Department.
Any person violating the provisions of this chapter shall, upon conviction, be subject to a fine of up to $2,500. Each and every day a violation exists or continues shall be a separate violation and punishable as such.
Nothing in this chapter shall be deemed to impose any civil or criminal liability upon, or give rise to a course of action against, the Village of Farmingdale or to any official, employee or department of the Village for failing to act in accordance with this chapter.