[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-2-2011 by L.L. No. 3-2011]
For purposes of this article, the following terms shall have
the meanings indicated:
A building or property that provides care for six or more
children during the day or evening hours by someone other than the
parent, stepparent, guardian or relative of the child, whether or
not tuition, fees or other forms of compensation are charged, and
regardless of whether or not the facility is licensed by any state
or other governmental agency.
A building or property where members of a community congregate
for social, cultural, or recreational purposes.
A person's true, fixed, permanent home or fixed place
of habitation.
Any playground, athletic field, or swimming pool operated
and/or owned by the Village of Stewart Manor, the Garden City School
District, the Elmont School District, the Franklin Square School District,
the Sewanhaka School District, the Town of Hempstead, the County of
Nassau, the State of New York or any other municipal entity.
A branch of the Elmont Public Library.
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.
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 any registered sex offender to establish
a residence or domicile where the property line of such residence
or domicile lies within a one-thousand-foot radius of the property
line of any school, child day-care center, community center, public
library, or park.
Any registered sex offender who establishes a residence or domicile in violation of the residency restrictions set forth in § 148-2 of this article shall have 30 days from receipt of a written notice from the Village Code Enforcement Officer or other designee of the Village Board of Trustees to relocate to a location which does not violate the restrictions set forth in § 148-2 of this article.
This article shall not apply to a registered sex offender if
that person is required to be domiciled at a location fixed by an
order of a court of competent jurisdiction, or by any federal, state
or county agency having jurisdiction thereof.
The residency restriction of § 148-2 shall not apply to registered sex offenders who have established residences or domiciles prior to the effective date of this article; or to a registered sex offender under the age of 18 years of age residing with his/her parent(s) or legal guardian.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Code Enforcement Officer of the
Village and the Nassau County Police Department.
Any person violating the provisions of § 148-2 of this article shall, upon conviction, be subject to a fine of up to $250 each and every day a violation exists or continues shall be a separate violation.
Nothing in this article shall be deemed to impose any civil
or criminal liability upon, or give rise to a cause of action against
the Village of Stewart Manor or to any official, employee or department
of the Village for failing to act in accordance with this article.
