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The Town of Lansing passed Tompkins County's first local Sex Offender law in a unanimous vote Wednesday (04/19) night after a public hearing was held to present the law and allow the public to respond and ask questions.  "While it's a sex offender law," explained Councilman Bud Shattuck, who proposed adopting such a law two months ago, "it doesn't have anything to do with sex.  It's about offenders who have already been convicted and designated as such."

New York State has a sex offender law that classifies sex offenders into three categories.  A Category 1 offender is unlikely to repeat the offense.  Level 2 is likely to be a repeat offender, and Level 3 has a high probably of being a violent and dangerous repeater.  Lansing's law defines specific areas such as schools, day care providers, parks and churches and prohibits Level 1 and Level 2 sex offenders from entering or being within 1000 feet of them.  Exceptions to the prohibition include being there for a lawful purpose such as voting, by permission of their probation officer, or if they get an order from a judge allowing them access.

"Lansing has unique characteristics," says Town Attorney Guy Krogh.  We're not the city of Syracuse which has a lot of lighting and a police force.  We are a rural area with unlit streets.  We have discreet and definite areas where children and other people that would be vulnerable tend to congregate.  We have tried to identify what those areas are and pass a local law that regulates the movements and presence of sex offenders, while trying to preserve whatever rights those Level 2 and Level 3 sex offenders have in certain civic activities."  He gave examples such as traveling on public highways, petitioning for redress before governments, voting and so on.

The law defines penalties and states that criminal processes will be handled by the District attorney.  "It's not a prohibition," says Shattuck.  "It's a restriction.  Recidivism is at a high rate for Level 1 offenders.  We're really much more vulnerable here than are many other municipalities.  The school is isolated inside our municipality, whereas most other schools are in more residential areas.  And we have our own Town parks, and Steve (Colt) and the Recreation Department put on a program that is larger than in most other communities.  It's just for protection of people who may be vulnerable and we hope it sets a precedent."

Click Here for the full text of Lansing Local Law Number 2, REGULATION OF THE MOVEMENT AND PRESENCE OF SEX OFENDERS

Some Town officials had anticipated that there might be speakers against the law, but there was no negative reaction to  in the public hearing, or, since the law was first proposed.  Some municipalities have faced challenges from organizations such as the ACLU, but Krogh crafted the law based on precedents similar to other laws that have withstood challenges, like those governing how close protesters can be to abortion clinics.

There was some discussion of how the law will affect existing conditions.  One Level 1 offender is registered as living at an address that is within 1000 feet of Ludlowville Park.  Board members did not anticipate that he would have to move, but said he would have to get permission from his parole officer to remain.  When asked how people would know of the law, Shattuck said it is being reported in the media and a copy is available at the Town Clerk's office.  He noted that ignorance of the law is not considered an excuse for breaking it.

Resident Dave Heck asked the Board how the law will be enforced.  "We're not vigilantes," said Shattuck.  "If you have a concern you can take a license plate number and call the Sheriff."  He said the key is that offenders will need to get permission.  "These people aren't going to be walking around with a scarlet letter," said Town Supervisor Steve Farkas.  Krogh added, "Everybody agrees that it's good to have laws against armed robbery of banking institutions.  But the police don't actually go out there and patrol banks to make sure they don't get robbed.  It's sort of the same thing."  He said when a problem does occur the law will "add some extra teeth" for solving it.

Krogh said the law would be filed on Thursday, which would immediately put it into effect.

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