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Added: Margaret Fuller - Date: 06.09.2021 15:59 - Views: 25471 - Clicks: 5361

Town of Brookhaven, NY. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents. Chapter 55 Child Protection Act. Amendments noted where applicable. The Town Board finds that sex offenders pose a ificant threat to the health and safety of the community and especially to children, whose age and inexperience makes them particularly vulnerable to the heinous and reprehensible acts of these offenders; and. The Board finds that the rate of recidivism is high and programs deed to treat and rehabilitate these types of offenders have been largely ineffective.

Limiting the frequency of contact between registered sex offenders and areas where children are likely to congregate reduces the opportunity and temptation and can minimize the risk of repeated acts against minors; and.

After careful consideration, the Town Board finds that this legislation is the most narrowly tailored means of limiting, to the fullest extent possible, the opportunity for registered sex offenders to approach or otherwise come in contact with children in places where children would naturally congregate and that the protection of our residents is a compelling governmental interest. By the enactment of this or any other legislation, the Town Board understands that it cannot remove the threat posed to or guarantee the safety of minors, or assure the public that registered sex offenders will comply with the mandates of this statute.

This legislation is intended to create a civil, nonpunitive regulatory scheme in order to protect minors to the extent possible under the circumstances and not as a punitive measure of any kind.

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As used this chapter, the following terms shall have the meanings indicated:. It shall be unlawful for a registered sex offender to establish a residence or domicile within the limits set forth below:.

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It shall be unlawful for a property owner or person in charge of the property to knowingly lease or sublease the property to a registered sex offender, or to otherwise cause, permit, or allow such offender to establish a residence or be domiciled at the premises, if the property is located within an area prohibited by this chapter.

In any prosecution of a violation of this article, the following may be raised by the defendant:. The registered sex offender or registered sexual predator has established a residence or domicile within 1, feet of a school, park or playground before December 27, ; or. A school, park or playground is newly located on or after December 27,and the registered sex offender or registered sexual predator has already established a residence or domicile within 1, feet from the new building which is prohibited by this legislation.

The registered sex offender is required to reside or be domiciled at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction thereof. The registered sex offender or registered sexual predator is the owner of record of a residence or domicile within a distance greater than 1, feet and up to 1, feet of a school, park or playground before June 3, ; or.

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A school, park or playground is newly located on or after June 3,and the registered sex offender or registered sexual predator is the owner of record of a residence or domicile within a distance greater than 1, feet and up to 1, feet from the newly located school, park or playground. A registered sex offender who resides or is domiciled within an area prohibited by this article shall, upon written notice from the Director of Public Safety, permanently discontinue said residence or domicile within 45 days of receipt of such notice.

The notice may be in the form acceptable to the Director of Public Safety, and shall be mailed by the Department of Public Safety by certified or registered mail, return receipt requested, and by regular mail. Proof that the registered sex offender has permanently relocated shall be provided by the offender to the Director of Public Safety within 30 days of such relocation.

Each week, or part thereof, such violation continues following notification by the Town, or service of a notice of violation or summons, shall constitute a separate offense, punishable in like manner. Each week, or part thereof, such violation continues shall constitute a separate offense, punishable in like manner. Should any section, subsection, paragraph, sentence or phrase of this Town Code be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Town Code.

The Board's findings on the threat posed by sex offenders to the health, safety and welfare of the community and particularly to children and the compelling governmental interest in protecting, to the fullest extent possible, minors from the actions of these offenders are more fully set forth in Article I of this chapter, and such findings are, for all purposes, equally applicable and incorporated into the provisions of this article.

The Town Board finds that employees providing services to the Town in capacities which would bring them in close proximity to children in the performance of their ased duties are in sensitive positions. Further, in the opinion of the Board, the likelihood that a sex offender will repeat the offense may be increased if he or she is placed in a position where there is regular and repeated daily contact with children or children are in close proximity; and therefore, after due deliberation, the Town Board determines that the issuance of a Certificate of Relief from Disabilities cannot, under the circumstances, exempt such offenders from the provisions of this chapter.

After careful consideration, the Town Board finds that this legislation is the most narrowly tailored means of limiting, to the fullest extent possible, the opportunity for registered sex offenders to approach or otherwise come in contact with children in places where children naturally congregate, and that the protection of our residents is a compelling and overriding governmental interest.

As used in this chapter, the following terms shall have the meanings indicated:. A registered sex offender shall not be hired as an employee of the Town of Brookhaven to perform services in a sensitive position.

All applications for employment with the Town of Brookhaven which would, if accepted, involve placement in a sensitive position shall be forwarded by the Director of Personnel to the Director of Public Safety for screening to determine if such applicant is a registered sex offender. The Director of Public Safety shall screen such persons by contacting the New York State Division of Criminal Justice Services, or other agency maintaining a database of individuals required to register pursuant to the provisions Article 6-C of the New York State Correction Law, or other applicable law, either telephonically or through the Division's website, to determine whether such person is listed as a sex offender.

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Any information collected by the Director of Public Safety shall be forwarded to the Director of Personnel, and upon a finding that said applicant is on the database as a sex offender, the Director of Personnel shall notify the applicant for employment that the application has been denied in writing and the reason for such denial. The provisions of this article shall apply to new applications for employment filed on or after December 27,the effective date of this legislation.

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This legislation shall also apply to current employees who request or apply for new or different positions with the Town on or after the effective date of this legislation. No person securing information from the Division of Criminal Justice Services, or other agency maintaining a database, shall use the information obtained to commit a crime against any person listed, or to engage in illegal discrimination or harassment against such person, and no information collected shall be disseminated for any purpose other than to notify the appropriate Town officials of the person's placement on the registry as a basis for the denial, unless required otherwise required by law.

The Town of Brookhaven, its officers and employees shall not be subject to any liability for damages resulting from or suffered in connection with its failure to identify the placement of a prospective employee on the register of sex offenders. The Town's approval of a prospective employee for placement in a sensitive position is not a guarantee of the person's fitness to be in regular and repeated contact with children, or a guarantee that the person has, in fact, not been convicted of a criminal act involving a minor in this or any other state.

The Town of Brookhaven, its officers and employees shall not be subject to any liability for damages resulting from or suffered in connection with the failure of a registered sex offender to comply with the mandates of this chapter.

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email: [email protected] - phone:(774) 818-3423 x 3306

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