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)]
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 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.