Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden 8-14-2012 by L.L. No. 5-2012. Amendments noted where applicable.]

§ 114-1 Legislative intent.

A. 
The Board of Trustees finds and determines that due to the recidivism rate among convicted sex offenders following their release from confinement, there exists a heightened potential for reoccurrence of their crimes when they reside, have employment, or frequent areas where children are likely to regularly congregate, such as public or nonpublic elementary, middle, and high schools, child-care facilities, parks, playgrounds, public or private youth centers, or public swimming pools.
B. 
The Board of Trustees further determines that it is essential for the Village of Walden to make every effort to protect children from sex offenders who have committed sexual offenses against minors.
C. 
The Board of Trustees further determines that it is in the best interests of the health, safety, and welfare of the residents of the Village of Walden, and particularly its children, to establish residency restrictions and restrictions on location of employment and other activities for sex offenders who have committed sexual offenses against minors.
D. 
It is the purpose of this chapter to prohibit sex offenders from residing, having employment or otherwise entering or remaining within 500 feet of areas and facilities that would provide them easy access to potential victims.

§ 114-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHILD-CARE FACILITY
A licensed and/or registered nursery, preschool, child day-care center, group family day-care home, and family day-care home as defined by the New York State Social Services Law.
CHILD SAFETY ZONE
Within 500 feet of the real property comprising a public or private, elementary, middle or high school, designated school bus stop, child-care facility or licensed day-care provider home, playground, public or private youth center or public swimming pool, and public or commercial recreational facility clearly designed to attract children.
EMPLOYMENT
Doing work, whether or not for financial gain.
RESIDENCE
The place where a person sleeps, which may include more than one location and may be mobile and/or transitory.
SEX OFFENDER
For purposes of this chapter, means a person who has been convicted of a sexual offense as defined in paragraph 1 of § 168-a of the New York State Corrections Law, and has been designated a Level 2 or Level 3 Sex Offender by the New York State Division of Criminal Justice Services.
SEX OFFENDER MANAGEMENT COMMITTEE
That committee designated by the Board of Representatives having jurisdiction over the administration of the provisions herein, and shall consist of the Village Manager, Chief of Police, Village Attorney, Police Department Liaison from the Board of Trustees, Community Liaison from the Board of Trustees, and such other professional and administrative personnel as the Board may hereafter deem necessary or advisable.

§ 114-3 Restrictions.

A. 
A sex offender as herein defined shall not reside within a child safety zone.
B. 
A sex offender as herein defined shall not have employment within a child safety zone.
C. 
A sex offender as herein defined shall not loiter for purposes of committing any crime within a child safety zone.

§ 114-4 Exceptions.

A sex offender as herein defined entering or remaining within a child safety zone does not commit a violation of this chapter if any of the following apply:
A. 
The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility, or is an inpatient in a hospital, hospice, mental health facility or nursing home. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
B. 
The sex offender has established employment that would otherwise be in violation of this chapter prior to the effective date of this chapter. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone other than for purposes relating to schooling. In such case, the parent(s) or legal guardian of the minor contacted must be informed of the contact.
C. 
The sex offender attends primary, secondary or postsecondary school that would otherwise be in violation of this chapter. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
D. 
The sex offender only intermittently or sporadically enters a child safety zone for the purpose of work. However, this exception does not apply to an individual who initiates and maintains contact with a minor within that child safety zone.
E. 
A child safety zone is newly located on or after the effective date of this chapter. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
F. 
The sex offender is a minor or a ward under a guardianship. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
G. 
The sex offender enters a child safety zone for the purpose of exercising the right to vote. However, this exception does not apply to an individual who initiates or maintains contact with a minor in that child safety zone.
H. 
The sex offender has applied for and has received a waiver, in whole or in part, from the restrictions contained herein from the Sex Offender Management Committee.

§ 114-5 Prohibition.

Any person who resides or lives in a child safety zone, as defined in § 114-2, shall have 30 days from receipt of written notice of the prohibition set forth herein to move. Failure to move location, which is in compliance with this section within that time period, shall constitute a violation of this section.

§ 114-6 Penalties for offenses.

Any person who violates the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

§ 114-7 Cessation of restrictions.

The restrictions outlined in § 114-3 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law Article 6-C, The Sex Offender Registration Act.