[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included as an attachment to this chapter.]
[Adopted 12-4-2018 by L.L. No. 6-2019]
This Legislature hereby finds and determines that in August of this year, a troubling incident occurred at a popular water park in Suffolk County, when several girls reported being groped by a group of men in the park's wave pool. This Legislature further finds and determines that the water park's employees were advised of this incident but failed to obtain identifying information from the alleged perpetrators before they left the park and also failed to notify local law enforcement agencies of the incident. This Legislature finds that amusement parks and water parks, which attract large numbers of visitors, should be required to promptly report serious crimes occurring on their premises to appropriate law enforcement agencies. Therefore, the purpose of this article is to require amusement parks and water parks operating in Suffolk County to immediately contact an appropriate law enforcement agency when a criminal act, including sex offenses, occurs on their premises.
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT PARK
- As defined as in § 870-c of New York Labor Law.
- WATER PARK
- A tract or area used primarily as a permanent location for aquatic recreation featuring rides and attractions that totally or partially immerse a person in water, such as water slides, lazy rivers and wave pools.
In the event the owner, operator, employee or agent of an amusement park or water park observes or receives a complaint of a criminal offense constituting an offense against a person involving physical injury, sexual misconduct, restraint and intimidation, as set forth in Part Three, Title H of the New York Penal Law, occurring on the premises of the amusement park or water park, the owner or operator of the amusement park or water park shall be required to immediately report the offense to an appropriate law enforcement agency which has criminal jurisdiction where the amusement park or water park is located.
A violation of this article shall be punishable, upon proof thereof, by the payment of a civil payment not to exceed $5,000 for the first violation and a penalty of $10,000 for subsequent violations, to be recovered in a civil action. The County Attorney is hereby authorized and empowered to commence such actions in the name of the County to recover civil penalties.
This article shall apply to actions occurring on or after the effective date of this article.
This article shall take effect on the 90th day immediately subsequent to its filing in the Office of the Secretary of State.