[HISTORY: Adopted by the Board of Trustees of the Village of Malone as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-2007 by L.L. No. 1-2007]
The Village Board of the Village of Malone finds and determines that it is essential to protect the health, safety and welfare of the children of the Village of Malone.
The Village Board of the Village of Malone further finds and determines that it is in the best interests of the Village of Malone citizens to establish residency restrictions for sex offenders who have committed criminal sexual offenses against minors.
Accordingly, the purpose of this article is to prohibit sex offenders from residing within 1,000 feet of areas that would provide them easy access to potential victims.
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE FACILITY
- Any facility or institution primarily used for the care or treatment of persons under the age of 18 including, but not limited to, day-care centers licensed, certified or otherwise sanctioned by the State of New York and/or a political subdivision of the State of New York.
- The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- SCHOOL GROUNDS
- Any area in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or any area accessible to the public located within 1,000 feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within 1,000 feet of the real property boundary line comprising any such school. For the purposes of this article, an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
- SEX OFFENDER
- A person who has been convicted of an offense defined in Article 130, 235 or 263 of the New York State Penal Law, or § 225.25 of the New York State Penal Law and the victim of the offense was a person under the age of 18 at the time of the offense; or is designated as a "level two" or "level three" sex offender pursuant to Subdivision 6 of § 168-1 of the New York State Correction Law.
The residence of a sex offender as herein defined shall not be located within 1,000 feet of the real property comprising a child care facility or school grounds.
A sex offender with a residence within 1,000 feet of the real property comprising a child-care facility or school grounds does not commit a violation of this article if any of the following apply:
The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.
The sex offender has established said residence prior to April 9, 2007, or a child care facility is newly located within 1,000 feet of said residence on or after April 9, 2007.
The sex offender is a minor or a ward under a guardianship.
A violation under this article shall be subject, upon conviction, to a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment. Each violation shall be deemed a separate offense.
If any article, section, subdivision, paragraph, sentence, clause, word or part of provision of this article, or the application itself, shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined to its operation to the article, section, subsection, paragraph, sentence, clause, word or part or provision thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect immediately upon its filing in the Office of the Secretary of State.