[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:
As defined as in § 870-c of New York Labor Law.
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.
