[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
Doing work, whether or not for financial gain.
The place where a person sleeps, which may include more than
one location and may be mobile and/or transitory.
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.
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.
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.
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.
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.
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.
