Chapter 233

Chapter 233

SEXUAL OFFENDER RESIDENCY RESTRICTIONS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 2-14-2011 by L.L. No. 1-2011. Amendments noted where applicable.]

  • 233-1. Legislative intent and purpose.

     A. The Board of Trustees of the Village of Fredonia (“Village Board”) 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 Village Board further determines that it is essential for the Village of Fredonia to make every effort to protect children from sex offenders who have committed sexual offenses against minors.

     C. The Village Board further determines that it is in the best interests of the health, safety and welfare of the residents of the Village of Fredonia, 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 1,000 feet of areas and facilities that would provide them easy access to potential victims.

  • 233-2. 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 1,000 feet of the real property comprising a public or private elementary, middle or high school, child-care facility, nature preserve, park, playground, public or private youth center, public swimming pool, or 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 — A person who has been convicted of a sexual offense against a minor as defined in Paragraph 1 of § 168-a of the New York State Corrections Law and has received under Article 6 of the New York State Corrections Law a Level II Sex Offender designation, having been determined under said law to pose a moderate risk of committing another sexual crime, or a Level III Sex Offender designation, having been determined under said law to pose a high risk of committing another sexual crime.  

  • 233-3. 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 or be assigned work at a site or location within such child safety zone.

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

     D. A sex offender, as herein defined, shall not be granted any peddler’s permit by the Village for door-to-door sales or solicitation.

  • 233-4. 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.

     B. The residency of the sex offender was established prior to the effective date of this chapter.

     C. The sex offender has established employment prior to the effective date of this chapter.

     D. 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.

     E. 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.

     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 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.

  • 233-5. Relocation.

Any person who resides or lives in a child safety zone, as defined in § 233-2, shall have 90 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this article within that time period shall constitute a violation of this chapter. 

  • 233-6. Penalties for offenses.

The first violation of the provisions of this chapter shall be punishable by a fine up to $1,000 and imprisonment of up to 15 days in jail. A second or subsequent violation shall be punishable by a fine of up to $2,000 and imprisonment of up to 30 days in jail. 

  • 233-7. Enforcement.

The Village of Fredonia Police Department shall have the power to enforce the provisions of this chapter. 

  • 233-8. Cessation of restrictions.

The restrictions set forth in this chapter shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Corrections Law Article 6-C, the Sex Offender Registration Act.