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Village of Waterloo, NY
Seneca County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[HISTORY: Adopted by the Board of Trustees of the Village of Waterloo 1-8-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch. 172, but was renumbered to maintain the organizational structure of the Code.
A. 
The highest priority of the Board of Trustees is to protect its inhabitants, especially minors. Level II and Level III registered sex offenders, some of whom have committed criminal sexual offenses against minors, reside in the Village. Under the Correction Law, Level II sex offenders have been determined to pose a moderate risk of repeat offense and Level III sex offenders have been determined to pose a high risk of repeat offense.
B. 
In order to protect the minor inhabitants of the Village from such sex offenders, the Board of Trustees finds and determines that it is necessary, and in the best interests of its minor inhabitants, to establish residency and proximity restrictions for such sex offenders who have committed criminal sexual offenses against minors.
As used in this chapter, the following terms shall have the meanings indicated:
CAMP
A children's overnight camp as defined in § 1392 of the Public Health Law, as amended, or a summer day camp as defined in § 1392 of the Public Health Law as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CHILD or MINOR
Persons less than 18 years of age.
DAY-CARE CENTER
An establishment where care for a minor is provided on a regular basis away from the minor's residence, as defined by § 390 of the Social Services Law, as amended.
PARK and PLAYGROUND
Active and passive public land located within the Village and designated for recreational or athletic use by the United States of America, the State of New York and any of its political subdivisions, school districts, library districts and religious corporations, including public beaches, spray parks and recreation centers.
RESIDENCE
The place where a person sleeps, and may include more than one location, and may be mobile or transitory.
SCHOOL
An establishment for imparting knowledge to minors and shall include any portion of public or private land, buildings or structures utilized for such purpose as defined by the New York State Department of Education and/or the Education Law.
SEX OFFENDER
A person convicted of any of the crimes enumerated in Subdivision 2, 3 or 7 of § 168-a of the Correction Law, as amended, and designated as a "level two" (Level II) or "level three" (Level III) pursuant to Article 6-C of the Correction Law, as amended.
VILLAGE PARK
A park owned or leased by the Village or under its supervision or control.
VILLAGE PLAYGROUND
A playground owned or leased by the Village or under its supervision or control.
No sex offender shall establish a residence within a radius of 500 feet, measured from the nearest property line, of any land utilized as a camp, day-care center, park, playground or school. The provisions of this section shall not apply:
A. 
To a sex offender who:
(1) 
Has acquired an ownership interest in such residence prior to the effective date of this chapter; or
(2) 
Has established such residence prior to the effective date of this chapter pursuant to the terms of a written lease; provided, however, said sex offender shall not renew or otherwise extend (either orally or in writing) said lease beyond the initial term thereof; or
B. 
If, after the effective date of this chapter, a camp, day-care center, park, playground or school is established within a radius of 500 feet, measured from the nearest property line thereof, from the residence of the sex offender established prior to the effective date of this chapter; or
C. 
If the sex offender is required to reside at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction.
A. 
Notice in writing of the adoption and filing of this chapter shall be delivered by any police or peace officer of the Village to each sex offender now or in the future residing within the Village, the Seneca County Sheriff, the Seneca County District Attorney, the Seneca County Probation Department, the Waterloo Central School District, the New York State Police, the New York State Division of Parole, private schools, and all day-care facilities within the Village. Said notice shall be either:
(1) 
Mailed by certified or registered mail, return receipt requested, and by regular mail to the last known mailing address of the sex offender or other party required to be notified; or
(2) 
Personally delivered by any police or peace officer of the Village to the sex offender or other party required to be notified.
B. 
A sex offender who resides at a location prohibited by this chapter shall upon such written notice from the Chief of Police of the Village to discontinue such residency within 30 days following receipt of such notice, shall comply therewith and furnish proof of compliance with such notice to the Chief of Police of the Village within 15 days of such compliance. Failure to comply with the provisions of this subsection shall be a violation of this chapter.
A. 
A sex offender shall not enter or remain in or upon any Village park, playground or recreation center, as hereinabove defined.
B. 
Within 30 days after the effective date of this chapter, all Village parks, playgrounds and recreation centers shall be posted with signs not less than 11 inches by 11 inches. The sign shall bear the following statement which shall cover a space of not less than 80 square inches: "Notice: Pursuant to Chapter 197 of the Code of the Village of Waterloo it is unlawful for any Level II or Level III sex offender to enter or remain in or upon this park, playground or recreation center. A violation of this chapter is a Class A misdemeanor punishable by a fine not exceeding $1,000 and/or one year imprisonment." Such signs shall be posted not more than 660 feet apart, close to and along the boundaries of the park, playground or recreation center. At least one sign shall be posted on each side of the protected area and on each side of each corner of the protected area, provided the corner can be reasonably ascertained. Illegible, defaced or missing signs shall be replaced at least once a year. Said posted signs shall constitute notice to sex offenders of the prohibited conduct. In the absence of posted signs, no sex offender shall enter or remain in or upon any Village park, playground or recreation center following personally communicated oral or written notice by any Village employee or any police officer or peace officer advising such sex offender of the relevant provisions of this chapter.
A violation of this chapter shall be a Class A misdemeanor punishable by a fine not to exceed $1,000 and/or one year imprisonment. Each day, or part thereof, such violation continues shall constitute a separate and distinct violation.
If any provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid such order or judgment shall not affect, impair, or invalidate any other provision hereof.