[HISTORY: Adopted by the Board of Trustees of the Village of North Collins 9-2-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
Editor's Note: This local law was adopted as Ch. 138, but was renumbered to maintain the alphabetical organization of the Code.
The Board of Trustees of the Village of North Collins ("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.
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 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 other registered sex offenders and 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 and especially minors from registered sex offenders.
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:
- CHILD DAY-CARE CENTER
- A building or property that provides care for three or more children during the day or evening hours by someone other than the parent, step-parent, guardian or relative of the child, regardless of whether or not fees or other forms of compensation are charged.
- COMMUNITY CENTER
- A building or property where members of a community congregate for social, cultural or recreational purposes.
- PLACE OF WORSHIP
- A building or property whose principal purpose and use is as a place of prayer, together with such other uses of a minor nature which are clearly and customarily incidental and accessory to the prayer use.
- PUBLIC LIBRARY
- A library supported with public funds and accessible to the general public.
- REGISTERED 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 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 order of the 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, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
It shall be unlawful for a registered sex offender to establish a residence or domicile within a one-thousand-foot radius of any school, place of worship, child day-care center, community center, public library, public park, playground and other recreational facility or within a one-thousand-foot radius of another registered sex offender.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 142-3 of this chapter shall have 90 days from receipt of a written notice from the Village Clerk to relocate to a location which does not violate the restrictions set forth in this chapter.
This chapter shall not apply to a registered sex offender required to be domiciled at a specific location fixed by order of a court of competent jurisdiction or by any federal, state or county agency having jurisdiction thereof. This chapter shall also not apply to a registered sex offender who has established a residence within the Village prior to the enactment of this chapter.
Failure to comply with the provisions of this chapter is considered a violation and may result in a fine of $250 and/or imprisonment for up to 15 days. Each day such sex offender has failed to comply with any requirement of this chapter shall be deemed a separate offense and shall be punishable as such.
Nothing contained in this chapter creates or shall be construed to create a cause of action against the Village of North Collins not already authorized under existing law. Without limitation, the Village of North Collins is not liable to any person harmed who claims that notice under this chapter may have prevented the harm.