§ 55-2. Definitions.

As used this chapter, the following terms shall have the meanings indicated:

CHILD or CHILDREN

Persons under 18 years of age.

DAY-CARE CENTERS

Any establishment where a child or children are cared for on a regular basis and such service is provided away from the child's residence for less than 24 hours per day by someone other than the parent, step-parent, guardian or a relative of the child, whether or not such service is provided for compensation of any kind. Day-care centers shall include but are not limited to after-school programs, school-age day-care programs, facilities defined in § 410-p of the New York State Social Services Law, and as provided in § 390 of the New York State Social Services Law, or other applicable or successor law. For purpose of this article the term "day-care center" shall not apply to services provided in a private dwelling, unless a substantial portion of the lot where the dwelling is located, as determined by the Town, has been converted to such use.

DWELLING, ONE-FAMILY

As defined in § 85-1.

MINOR

Persons under 18 years of age.

PARK

Includes active and passive public land designated for recreational or athletic use by the Town of Brookhaven, County of Suffolk, State of New York, the United States of America or other governmental subdivision, and located within the Town of Brookhaven, exclusive of its Incorporated Villages. For the purposes of this chapter, the term "park" shall include beaches.

PLAYGROUND

Public land designated for recreational or athletic purposes by any school district, library district, Town of Brookhaven, County of Suffolk, State of New York, the United States of America or other governmental subdivision and located within the Town of Brookhaven, exclusive of its Incorporated Villages.

REGISTERED SEX OFFENDER

A sex offender who is required to register with the New York State Division of Criminal Justice Services, or other agency having jurisdiction, pursuant to the provisions of Article 6-C of the Correction Law of the State of New York or other applicable or successor law, whether or not the sex offender has actually registered in compliance with the law or order of the court of competent jurisdiction.

RESIDENCE

The place where a person sleeps, which may include more than one location, and may be mobile or transitory.

SCHOOL

Includes any portion of private or public land, buildings or structures utilized primarily for public or private education, as defined by the New York State Department of Education and/or the New York State Education Law, and includes, but is not limited to, pre-schools, kindergartens and nursery schools, elementary, primary, intermediate, junior high, middle and secondary schools, high schools, vocational and special education schools. For the purposes of this chapter, the term "school" shall include "day-care centers."

SEX OFFENDER or SEXUAL PREDATOR

Any person who is a resident of the Town of Brookhaven, exclusive of its Incorporated Villages, and has been convicted of an offense provided in § 168-a(1), (2), (3), (7) and (8) of the New York State Correction Law or any successor or applicable law where the victim was a minor. The use of one term shall be deemed to include the other.

Added 8-5-2008 by L.L. No. 16-2008, effective 8-11-2008