§ 55-1. Legislative intent.  


Latest version.
  • A. 
    The Town Board finds that sex offenders pose a significant 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
    B. 
    The Board finds that the rate of recidivism is high and programs designed 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
    C. 
    It is the intention of the Town Board to exercise its authority pursuant to Article IX, § 2(c)(i) and (ii)(1) and (10) of the New York State Constitution, § 10(1)(ii)(a)(12) and (d)(3) of the Municipal Home Rule Law, § 64(22), § 130(11) and (15) of the Town Law and any other applicable or successor law, presently in existence or hereinafter enacted, to protect and safeguard the lives and well-being of the community, and especially children, from registered sexual predators while children are in close proximity to schools, parks and playgrounds; and
    D. 
    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.
    E. 
    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.