[HISTORY: Adopted by the Legislature of the County of Putnam 6-5-2007 by L.L. No. 9-2007; amended in its entirety 7-6-2010 by L.L. No. 13-2010. Subsequent amendments noted where applicable.]
A. 
The Putnam County Legislature finds and determines that, due to the recidivism rate among convicted sex offenders, 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 center or public swimming pools.
B. 
The Putnam County Legislature further determines that it is essential for Putnam County to make every effort to protect children from sex offenders.
C. 
The Putnam County Legislature further determines that it is in the best interests of the health, safety and welfare of the residents of Putnam County, and particularly its children, to establish residency restrictions and restrictions on location of employment and other activities for sex offenders.
D. 
It is the purpose of this chapter to prohibit sex offenders from residing, having employment or otherwise entering or remaining within 1,000 feet of areas and facilities that would provide them easy access to potential victims.
For the purposes of this chapter, the following definitions shall apply:
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 1,000 feet of the real property within Putnam County comprising a public or private, elementary, middle or high school, child-care facility, nature preserve, park, playground, public or private youth center or public swimming pool, public or commercial recreational facility clearly designed to attract children, including but not limited to theaters, bowling alleys, sports fields, exercise or sporting facilities, and, additionally, multifamily dwellings (three families or more), apartment buildings, co-ops, condominiums, mobile home (trailer) parks, or other clustered housing developments (10 or more single-family homes on less than 1/3 acre). Hotels, motels, and rooming houses shall be exempt from a child safety zone with the following exception:
A. 
Exception. Convicted sex offenders shall not occupy more than 5% of the rooms for rent in any hotel, motel or rooming house. The formula to determine the number of convicted sex offenders shall be rounded to the nearest whole number. For example, any hotel, motel, or rooming house with fewer than 29 rooms (29 x 0.05 = 1.45) shall be allowed one convicted sex offender. Thirty rooms, (30 x 0.05 = 1.5) shall be allowed two convicted sex offenders.
(1) 
This exception shall not apply to any convicted sex offender living in a room for rent in any hotel, motel or rooming house at the time this chapter is implemented, which convicted sex offender shall be grandfathered. As those convicted sex offenders vacate the premises, the room(s) shall not be rented unless the hotel, motel, or rooming house is in full compliance with this chapter and the above-referenced provision regarding maximum occupancy of sex offenders.
(2) 
This exception shall not apply where the owner/manager notifies all patrons of his or her housing unit(s), in writing, daily; that a convicted sex offender is living on the premises.
(3) 
Any hotel, motel or rooming house that violates these provisions shall be subject to a civil penalty of $500 per day, per violation.
EMPLOYMENT
Doing work, whether or not for financial gain.
LAW ENFORCEMENT OFFICER HAVING JURISDICTION
The chief law enforcement officer of a local police department in the village or town in which the sex offender resides or lives, if there be no local police department in such village or town, the Sheriff of Putnam County. If the primary law enforcement officer having jurisdiction is the chief law enforcement officer of a police department in the village or town in which the sex offender resides or lives, but such officer does not enforce the provisions of this chapter, then in that event the Sheriff of Putnam County shall be authorized to enforce the provisions hereof.
RESIDENCE
The place where a person sleeps, which may include more than one location and may be mobile and/or transitory.
SEX OFFENDER
Any person:
A. 
Who has been classified as a Level 2 or Level 3 sex offender pursuant to the procedures set forth in § 168-d of the New York State Correction Law; and
B. 
Who is currently required to register pursuant to § 168 of the New York State Correction Law, also known as the "Sex Offender Registration Act" or "SORA"; and
C. 
Whose residence, work and/or travel is not at the time of an alleged violation of this chapter already governed by New York State Law, including but not limited to Executive Law § 243, Subdivision 4 (restrictions on level 2 and 3 offenders on probation), Executive Law § 259 (restrictions on Level 2 and 3 offenders on parole), Executive Law § 259-c, Subdivision 14 (restrictions on Level 3 sex offenders and certain offenders whose victims were minors), Social Services Law § 20 (restrictions on homeless level 2 and 3 offenders seeking shelter), or any state legislation enacted in the future that may restrict the residence, work and/or travel of Level 2 and/or Level 3 sex offenders.
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.
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 established his/her employment prior to the effective date of this chapter, which was filed with New York State on April 2, 2007, or prior to the establishment of a newly located child safety zone. 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 only intermittently or sporadically enters a child safety zone for the purposes of work. 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 shall only be permitted to drive past or through a designated school bus stop and those areas as defined in the definition of "child safety zone" in § 132-2 for the purposes of traveling. Under NO circumstance shall a sex offender be allowed to initiate or maintain contact with any child while driving past or through a designated school bus stop and those areas as defined in the the definition of "child safety zone" in § 132-2.
E. 
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.
F. 
The sex offender enters a child safety zone for the purposes of exercising the right to vote. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
Any sex offender who resides or is employed in a "child safety zone" as defined in the definition of "child safety zone" in § 132-2 in violation of this chapter shall have six months from receipt of written notice of the prohibition set forth herein to move or change employment. Failure to move his or her residence or employment to a location which is in compliance with this section within that time period shall constitute a violation of this section.
A. 
Notice of prohibition, as provided for in § 132-5, shall be served by registered or certified mail on a sex offender who resides or lives in a child safety zone. Such notice shall be served by the law enforcement officer having jurisdiction. Such Notice of Prohibition shall be in substantially the following form:
NOTICE TO SEX OFFENDER:
PROHIBITED RESIDENCE OR EMPLOYMENT WITHIN CHILD SAFETY ZONE
(Name and Address of sex offender)
You are hereby notified that the undersigned, pursuant to Chapter 132 of the Code of the County of Putnam (Local Law #9 of 2007, as amended), has determined that you reside or are employed within a Child Safety Zone, as that term is defined in § 132-2 of said Law, which conduct is prohibited. Specifically, it has been determined that your residence or employment is located within one thousand (1,000) feet of the real property boundary line of _____________ (Name and Address of school, park, sporting facility, etc., as the case may be).
You are hereby notified to remove yourself from the Child Safety Zone within six months from your receipt of this Notice. Your failure to move your residence or employment to a location that is in compliance with Chapter 132 within such six-month period shall constitute a violation of the Law.
The first violation of the provisions of Chapter 132 shall be a Class B misdemeanor, punishable by a fine of up to $500 and imprisonment of up to three months in jail. A second or subsequent violation shall be a Class A misdemeanor, punishable by a fine of up to $1,000 and imprisonment of up to one year in jail.
Notice mailed (date)
By: (signature)
(Title and Name of officer)
The first violation of the provisions of this chapter shall be a Class B misdemeanor punishable by a fine of up to $500 and imprisonment of up to three months in jail. A second or subsequent violation shall be a Class A misdemeanor, punishable by a fine of up to $1,000 and imprisonment of up to one year in jail.
The restrictions outlined in § 132-3 shall cease when the sex offender is no longer required to register and/or verify pursuant to § 168 of the New York State Correction Law, the Sex Offender Registration Act.
A. 
No official, employee or agency, whether public or private, shall be subject to any civil or criminal liability for damages in connection with the implementation or enforcement of this chapter unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
B. 
Nothing in this section shall be deemed to impose any civil or criminal liability upon or to give rise to a cause of action against any official, employee or agency, whether public or private, for failing to implement or enforce the provisions of this chapter unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.