[HISTORY: Adopted by the Town Board of the
Town of West Seneca 8-14-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
The adoption of Megan's Law[1] has created an increased public awareness of sexual offenders
by requiring them to become registered with authorities and making
such information available to the public. The Town Board of the Town
of West Seneca finds that one of the highest priorities of local government
is the protection of victims and potential victims from sexual offenders
in West Seneca, and this is a matter of unique local concern not fully
and adequately addressed by state law. The Town Board of the Town
of West Seneca hereby enacts this chapter to prevent sex offenders
from residing or loitering near areas where children regularly meet
and congregate.
[1]
Editor's Note: See NY Corrections Law § 168
et seq.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any person 18 years of age or older.
A licensed day-care center, child-care facility or any other
child-care services facility exempt from licensing pursuant to the
laws of the State of New York.
Persons under 18 years of age. The singular or plural shall
include one another. If an applicable statute defining a crime against
a child refers to a child younger than 18, the younger age shall control.
A building and related facilities used for education, social,
cultural or recreational activities.
His or her.
Whether on foot or in a motor vehicle, a person who wanders
or remains idle in essentially one location site, lounges, loafs,
walks about aimlessly or repeatedly frequents the same location or
repeatedly circles in a motor vehicle.
A place where a person lives, abides, lodges or resides for
14 or more consecutive days.
Any recreational facility, playground or park owned or operated
by the Town of West Seneca or any other governmental agency, including
but not limited to the West Seneca Central School District, County
of Erie or State of New York.
Any person who lives in the Town of West Seneca in any apartment
or home, has a usual place of abode in the Town, is domiciled in the
Town or temporarily present in the Town and staying at a homeless
shelter or an extended-stay establishment.
A licensed or accredited public, charter or religious school
that offers instruction to students in kindergarten through any grade
up to grade 12.
Shall have the same meaning as the terms defined in § 168-a(1)
of the Corrections Law of the State of New York.
A violation of any law defined as a sex offense in § 168-a(2)
of the Corrections Law of the State of New York.
Shall have the same meaning as the term defined in § 168-a(2)
of the Corrections Law of the State of New York.
A place where the person abides, lodges or resides for a
period of 14 or more days in the aggregate during any calendar year
and which is not the person's permanent address, or a place where
the person routinely abides, lodges or resides for a period of four
or more consecutive or nonconsecutive days in any month and which
is not the person's permanent residence.
A.Â
It shall be unlawful for any sex offender to establish
a permanent or temporary residence within 1,500 feet of any school,
child-care facility, community center or public space where children
congregate for sponsored or programmed activities.
B.Â
For the purpose of determining the minimum distance
separation, the requirement shall be measured by following a straight
line from the outer property line of the permanent or temporary residence
of the sex offender to the nearest property line of the school, child-care
facility, community center, public park or open space when children
congregate for sponsored or programmed activities.
The following are exceptions to § 99-3:
A.Â
Any person who is required to serve a sentence at
a jail, prison, juvenile facility, other correctional institution
or reside at a state or federal-operated facility which is located
within a restricted or prohibited area.
B.Â
The school, child-care facility, community center,
public park or open space where children congregate for sponsored
or programmed activities within 1,500 feet of the sex offenders' permanent
residence was opened after the person established the permanent residence.
This chapter shall be enforced by the Town of
West Seneca Police Department. The Chief of Police shall cause a copy
of this chapter to be provided to each registered sex offender who
has registered under Megan's Law (NY Corrections Law § 168
et seq.) and who is residing within the Town of West Seneca. The Chief
of Police shall cause a copy of any notices required under this chapter
to be served upon any sex offender.
To the extent that a sex offender has not registered
under Megan's Law (Article 6-C of the Corrections Law of the State
of New York[1]), it shall not be a defense to prosecution under this
chapter that the sex offender was not provided with a copy of this
chapter.
[1]
Editor's Note: See NY Corrections Law § 168
et seq.
Any sex offender who resides on a permanent
or temporary basis within 1,500 feet of any school, child-care facility,
community center, public park or open space where children congregate
for sponsored or programmed activities shall, within 90 days of receipt
of written notice of the sex offender's noncompliance with this chapter,
move from said location to a new location, but said new location may
not be within 1,500 feet of any school, child-care facility, community
center, public park or open space where children congregate for sponsored
or programmed activities within the Town of West Seneca. It shall
constitute a continuing additional violation beyond the 90 days the
sex offender continues to reside within 1,500 feet of a school, child-care
facility, community center, public park or open space where children
congregate for sponsored or programmed activities. Furthermore, it
shall be an additional violation each day that a sex offender shall
move from one location in the Town of West Seneca to another that
is within 1,500 feet of any school, child-care facility, community
center, public park or open space where children congregate for sponsored
or programmed activities.
Nothing in this chapter creates or shall create
a cause of action against the Town of West Seneca not already authorized
under existing law. Without limitation, the Town of West Seneca is
not liable to any person harmed or who claims that notice under this
chapter may have prevented the harm.
Each violation of this chapter by a sex offender
shall be punishable by a fine of $250 or by imprisonment for a term
not to exceed 15 days, or by both such fine and imprisonment. It is
the intent of this Board that violations of this chapter should not
be treated by the courts as a lesser included offense that merges
into a violation of Article 6-C of the Corrections Law of the State
of New York. The Town shall also be entitled to injunctive relief
to enforce the provisions of this chapter.
This chapter shall be effective upon filing
with the New York Secretary of State.
