[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 3-5-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
A.Â
The Board of Trustees of the Incorporated Village of Lynbrook (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 making such information available to the public.
B.Â
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.
C.Â
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 sex offenders, by prohibiting registered sex offenders from residing in close proximity to places where children could naturally congregate, such as schools, child day-care centers, community centers, public libraries, parks, playgrounds and other recreational facilities.
D.Â
This chapter is intended to create a civil regulatory scheme in order
to protect minors to the extent possible under the circumstances and
is not intended as a punitive measure against registered sex offenders.
For purposes of this chapter, the following terms shall have
the meanings intended:
A building or property that provides care for six or more
children during the day or evening hours by someone other than the
parent, stepparent, guardian or relative of the child, whether or
not tuition, fees or other forms of compensation are charged, and
regardless of whether or not the facility is licensed by any state
or other governmental agency.
A building or property where members of a community congregate
for social, cultural or recreational purposes.
A person's true, fixed permanent home or fixed place
of habitation.
Any park, playground, athletic field, the Village of Lynbrook
swimming pool, a public school or school playground, a County of Nassau
park, a Town of Hempstead park, or a State of New York park.
A library supported with public funds, accessible to the
general public.
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 provisions 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, or of an order of a Court of competent jurisdiction.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A building or property whose principal purpose and use is
as a place of education, including, but not limited to, public or
private preschool, elementary and secondary schools, vocation schools
and other nondegree-granting schools, including self-defense, dance,
swimming, gymnastics and similar instruction/programs.
It shall be unlawful for any registered sex offender to establish
a residence or domicile within a one-thousand-foot radius of any property
line of a school, child day-care center, community center, public
library, park, playground and other recreational facility.
Any registered sex offender who establishes a residence or domicile in violation of the residency restriction set forth in § 196-3 of this chapter shall have 30 days from receipt of a written notice from the Village Administrator to relocate to a location which does not violate the restriction set forth in § 196-3 of this chapter.
This chapter shall not apply to a registered sex offender if
that person is 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.
The residency restriction of § 196-3 shall not apply to a registered sex offender who has established a residence or domicile prior to the effective date of this chapter; or to a registered sex offender under the age of 18 years of age residing with his or her parent(s) or legal guardian.
Unless otherwise provided, the provisions of this chapter shall
be administered and enforced by the Lynbrook Superintendent of Department
of Buildings and by the Village of Lynbrook Police Department.
Nothing in this chapter shall be deemed to impose any duty or
obligation upon the Village of Lynbrook which might serve as a basis
for civil or criminal liability against the Village or any official,
or employee of the Village for failing to act in accordance with this
chapter.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the chapter.
