§ 55-10. Legislative intent.

A. 

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.

B. 

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 assigned duties are in sensitive positions. Accordingly, the health, safety and welfare of children using Town beaches, parks and playgrounds, as well as those attending camps and other Town-sponsored recreational and athletic programs would be best served by avoiding situations where registered sex offenders, if any, in the performance of their duties for the Town are placed in regular and/or repeated contact with such minors.

C. 

The Town Board further finds that while a person who has been convicted of a crime is not, by virtue of such conviction, unsuitable for employment, or unfit or unable to perform governmental functions and duties, one who is convicted of a sexual offense against a minor as provided in § 168-a(1), (2), (3), (7) and (8) of the New York State Correction Law, and any successor or applicable law, should not be assigned to places where children are expected to congregate because it exposes those children to an unreasonable risk of harm, and there is a direct relationship between the previous criminal offense and the nature of the employment sought. 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.

D. 

For the foregoing reasons, the Town Board intends 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)(1) and (12) and (d)(3) of the Municipal Home Rule Law, § 64(22) and § 130(11) and (15) of the Town Law, Labor Law § 201-a, 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 participating in Town-sponsored camps and other Town recreational or athletic programs, as well as while they are using our beaches, parks and playgrounds.

E. 

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.