[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 9-2-2008 by L.L. No. 1-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 138,
but was renumbered to maintain the alphabetical organization of the
Code.
A.Â
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.
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 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.
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 and especially minors from registered
sex offenders.
D.Â
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:
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.
A building or property where members of a community congregate
for social, cultural or recreational purposes.
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.
A library supported with public funds and 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 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.
