Orange County, NY Public Conduct: Loitering Rules (2026)
Key Facts
- Buffer distance
- 300 feet from specified locations
- Who is covered
- Registered offenders with child victims
- Criminal penalty
- Class B misdemeanor, up to 90 days jail
- Fine
- Up to $500
- Enacted
- Local Law No. 1 of 2008
- Effective date
- January 7, 2008
- Legislature vote
- 21-0 on December 6, 2007
Summary
Orange County bars anyone required to register under New York's Sex Offender Registration Act from loitering within 300 feet of schools, parks, playgrounds, child care facilities, and other places children gather. Local Law No. 1 of 2008 makes ignoring a law enforcement officer's order to leave a child safety zone a Class B misdemeanor punishable by up to 90 days in jail and a $500 fine.
SECTION THREE. LOITERING IN CHILD SAFETY ZONES. A person is guilty of loitering in a child safety zone if the person has been previously convicted of committing a crime in New York State or in any jurisdiction in which the victim is a child under the age of 18, who is required to register under the New York State Sex Offenders Registration Act and is loitering or remains in a child safety zone as defined in Section Two (a) of this Local Law, and the person was previously clearly informed by a law enforcement officer that (s)he is in a child safety zone, and refused to leave the child safety zone after being requested to do so.
Full Breakdown
Local Law No. 1 of 2008, effective January 7, 2008, created "child safety zones" covering the area on or within 300 feet of the property line of specified child-congregation sites across the county. Section Two defines those sites broadly: public and private pre-K through 12 schools, licensed day care centers and family child care homes, state-licensed residential and group homes for children, parks, and "recreational facilities," a list that names playgrounds, forest preserves, jogging trails, beaches, water parks, athletic fields, basketball courts, hockey rinks, golf courses, skating parks, dance and gymnastic studios, movie theaters, martial arts schools and pool halls open to the public.
Section Three makes it an offense for a person previously convicted of a crime against a victim under 18, who must register under the New York State Sex Offenders Registration Act (Article 6-C, Chapter 43, Consolidated Laws), to loiter or remain in a child safety zone after a law enforcement officer has clearly informed the person they are in the zone and the person refuses to leave when asked to do so. The county legislature passed the measure by a 21-0 roll call vote on December 6, 2007, citing recidivism among convicted sex offenders as the reason for creating a buffer around places where children regularly congregate.
Section Four directs state, county and local law enforcement agencies to enforce the law uniformly countywide, so the Orange County Sheriff's Office, a municipal police department, or New York State Police can each act under it. Section Five requires the sentencing court to notify the offender's probation or parole officer, and the New York State Board of Examiners of Sex Offenders, whenever someone is convicted under the law.
Violations & Fines
A violation is a Class B misdemeanor under Section Five of Local Law No. 1 of 2008, carrying up to 90 days in county jail, a fine of up to $500, or both, on top of any separate obligations tied to the offender's Sex Offender Registration Act status. The sentencing court must notify the offender's probation or parole officer and the state Board of Examiners of Sex Offenders, since a conviction can affect a registrant's supervision and risk-level review.
Frequently Asked Questions
Who is barred from loitering in an Orange County child safety zone?
How large is a child safety zone?
What happens if someone is convicted of violating the loitering ban?
Which agencies enforce the child safety zone law?
Sources & Official References
Other rules in Orange County
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