[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
A.
The Board
of Trustees of the Incorporated Village of Malverne hereby finds and
determines that:
(1)
Sex offenders pose an unreasonable threat to the safety and well-being
of children.
(2)
Information is currently available to the public regarding these
high-risk offenders, which information is available through the internet
and other sources.
(3)
It is imperative that the Village take all steps necessary to protect
the most vulnerable residents of the Village.
B.
Therefore, the purpose of this chapter is to restrict all registered
sex offenders from residing within 1,000 feet of any school, licensed
day-care center or playground for the protection of children.
As used in this chapter, the following terms shall have the
meanings indicated:
Any program or facility caring for children for more than
three hours per day per child, as those terms are defined in § 390
of the New York Social Services Law.
Any building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied
as the home, residence or sleeping place of one or more human beings.
Any public land designated for recreational or athletic purposes
by the Incorporated Village of Malverne, the Town of Hempstead, the
County of Nassau, and/or any school district.
Any person who has been convicted of an offense and is registered
with the State Division of Criminal Justice Services pursuant to the
provisions of Article 6-C of the New York Correction Law.
Any institution, building or structure used for teaching
children or imparting an education.
Any residential facility providing temporary housing, for
which such temporary use and occupancy of the housing facilities the
owner or primary tenant of the property receives compensation, either
directly from the temporary occupant or through reimbursement from
a third party on behalf of such temporary occupant, or both.
A.
It shall be unlawful for all registered sex offenders to reside within
1,000 feet of the property line of any public or private nursery,
elementary, middle or high school; or a licensed day-care center;
or a playground.
B.
No shelter or housing accommodation shall permit or cause the placement
of any registered sex offender if such shelter or housing accommodation
is within 1,000 feet of the property line of any public or private
nursery, elementary, middle or high school; or a licensed day-care
center; or a playground.
C.
The residency restriction established by this section shall remain
in effect for as long as the offender is classified as a registered
sex offender.
A.
The provisions of this chapter shall not apply to any registered
sex offenders who have established a residence prior to June 1, 2006.
B.
The provisions of this chapter shall not apply if a public or private
nursery, elementary, middle or high school, or a licensed day-care
center, or a playground is newly constructed and is within 1,000 feet
of the residence of a registered sex offender who has previously established
a residence in that location.
C.
The provisions of this chapter shall not apply to any registered
sex offender who is required by court order to reside at a certain
location.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this chapter shall
commit an offense, the fine for which shall not exceed $1,000 for
each offense. Each daily violation of this chapter shall constitute
a separate offense.
This chapter shall apply to all actions occurring on or after
June 1, 2006.
Unless otherwise provided, the provisions of this chapter shall
be administrated and enforced by the Building Inspector, Deputy Building
Inspector, Interim Building Inspector, Assistant Building Inspector
and any sworn police officer.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent county, state or federal
administrative agency issues and promulgates regulations preempting
such action by the Incorporated Village of Malverne. The Board of
Trustees of the Incorporated Village of Malverne may determine via
mere resolution whether or not identical or substantially similar
statewide legislation has been enacted for the purposes of triggering
the provision of this section. Likewise, if any of the provisions
of this chapter shall be determined to be unconstitutional or otherwise
unenforceable, it shall not affect the constitutionality or enforceability
of the remaining provisions.[1]
[1]
Note: Recently the New York State Court of Appeals declared
local laws such as this one to be preempted by state law and that
state authorities should impose residency restrictions. Nevertheless,
in the event of legislative override of this decision, the local statute
remains, although local enforcement officials will coordinate prosecution
with local District Attorneys or the New York State Attorney General.