[HISTORY: Adopted by the Town Board of the Town of Somerset
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-2006 by L.L. No. 4-2006]
A.
The highest priority of government is the safety and protection of
its residents, especially its children. From time to time, a number
of registered sex offenders have been, or may be, living within the
Town of Somerset. A number of these sex offenders have been categorized
as level two sex offenders who have been determined to pose a moderate
risk of committing another sexual crime. A number of these sex offenders
have been categorized level three sex offenders who have been determined
to pose a high risk of committing another sexual crime.
B.
This Town Board finds and determines that it is essential to assure
residents of the Town of Somerset that Town government continues to
make every effort to protect children from sex offenders.
C.
This Town Board further finds and determines that it is in the best
interests of the Town of Somerset citizens to establish residency
and proximity restrictions for sex offenders who have committed criminal
sexual offenses against minors.
D.
Accordingly, the purpose of this article is to prohibit sex offenders
from residing within, or entering within, a radius of 1,500 feet measured
from the main, or secondary, or tertiary entrances of a public or
private school, nursery school, preschool, child-care facility, playground,
or park.
As used in this article, the following terms shall have the
meanings indicated:
Licensed and/or registered child day-care centers, group
family day-care homes and family day-care homes as defined by the
New York State Social Services Law.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A person who has been convicted of a sexual offense against
a minor and has received a level two or three designation as defined
under Article 6-C of the New York State Correction Law.
A.
A sex offender as herein defined shall not reside within, or enter
within, a radius of 1,500 feet measured from the main, or secondary,
or tertiary entrances of a public or private school, nursery school,
preschool, child-care facility, playground, or park; notwithstanding,
however, a sex offender may enter within a fifteen-hundred-foot radius
solely for the purpose of employment, shopping or attending appointments,
but in no event shall the sex offender enter on to the premises of
a public or private school, nursery school, preschool, registered
day-care center, playground, or park while working, shopping or attending
an appointment.
B.
This section shall not require sex offenders who reside in the Town
as of this article's effective date to change their residence
if their residence violates the restrictions in this section. Any
subsequent changes in residence, however, shall comply with the restrictions
in this section.
No person may rent, lease or let residential space (including,
but not limited to, a room, apartment, condominium, house, residential
trailer) to a person listed on the New York State Sex Offender Registry
as a level three sex offender without having received a letter from
the Town of Somerset Clerk that such rental, lease or letting is not
in violation of this article. A request for such a letter will be
acted upon within 10 business days.
No person listed on the New York State Sex Offender Registry
as a level three sex offender shall rent, lease or let residential
space without first having notified the Clerk of the Town of Somerset
of his or her current name and address. Any such person shall further
notify the Clerk of the Town of Somerset in the event his or her name
or address changes, together with the new name and/or address.
Notification of passage of this article and of these prohibitions
shall be delivered in writing, by the Niagara County Sheriff, to each
and every level two and level three registered sex offender now residing,
or in the future residing, within the County of Niagara. Notifications
will also be delivered in writing by the Niagara County Sheriff, to
Village of Barker Police Department, the New York State Police, the
New York State Division of Parole, the Niagara County Parole Department,
all school districts and private schools within the Town of Somerset,
and all child-care facilities in the Town of Somerset, as defined
in this article.
Any violation of the provisions of this article shall be deemed
to be an a misdemeanor punishable by a fine not exceeding $1,000 or
imprisonment for a term not exceeding one year, or both such fine
and imprisonment.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.
This shall take effect 60 days after it has been filed in the
offices of the Secretary of State.
