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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 170-4 SEX OFFENDERS<br />

§ 170-5<br />

authorized by the probation officer or the court and Superintendent, Chief Administrator<br />

or Executive of such school grounds, facility or public park. In addition to the foregoing,<br />

such Level Two sex offender may also lawfully enter into or upon a school grounds,<br />

facility or institution primarily used for the care or treatment of persons under the age of<br />

18 or public park if he or she: (i) has a medical emergency requiring immediate attention<br />

at a health-care provider; or (ii) has lawful business at a federal, state or local court or<br />

governmental agency; or (iii) is traveling on an interstate or New York State maintained<br />

roadway within the proximity of a school grounds, a facility or institution primarily used<br />

for the care or treatment of persons under the age of 18 or public park. Nothing in this<br />

chapter shall be construed as restricting any lawful condition of supervision that may be<br />

imposed on a sentenced Level Two sex offender.<br />

B. Maintaining his or her residence, either permanently or temporarily, within 1,000 feet of<br />

any school grounds, any facility or institution primarily used for the care or treatment of<br />

persons under the age of 18, or public park.<br />

§ 170-5. Penalties for offenses; remedies.<br />

A. Any person who shall violate any provisions of this chapter, upon conviction, shall be<br />

guilty of an offense and subject to a fine of not less than $100 nor more than $500 or<br />

imprisonment for a period of not more than six months, or both, for a conviction of a<br />

first offense; for a conviction of a second offense both of which were committed within a<br />

period of five years, punishable by a fine of not less than $500 nor more than $750 or<br />

imprisonment for a period of not more than six months, or both; and, upon conviction of<br />

a third or subsequent offense all of which were committed with a period of five years,<br />

punishable by a fine of not less than $750 nor more than $1,000 or imprisonment for a<br />

period of not more than six months, or both.<br />

B. For the purposes of § 170-4B of this chapter, each period of continual residence for a<br />

period in excess of one week shall be considered a separate offense.<br />

C. In addition to the penalties set forth in § 170-5A, the <strong>County</strong> shall be entitled to obtain<br />

appropriate injunctive relief in any court of competent jurisdiction.<br />

170:3<br />

12 - 15 - 2008

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