It is the intent of this chapter to prohibit any convicted
and registered Level III sex offender from residing within 500 feet
of any school bus stop in the Town of Hurley. It is the intent of
the Town Board to do everything in their power to protect the lives
and safety of our children.
No landlord of any residential premises located within
500 feet of any school bus stop shall allow any person to occupy those
residential premises if the person's name appears on the state registry
of sex offenders and child-victim offenders.
Nor shall an owner of residential real estate be allowed
to transfer title of said residential property if the purchaser's
name appears on the state registry of sex offenders and child-victim
offenders and if the property is located within 500 feet of any school
bus stop.
If a tenant is allowed occupancy in violation of this
chapter or a person establishes a residence or occupies residential
premises, the landlord for the residential premises that are the subject
of the rental agreement or other tenancy may terminate the rental
agreement or other tenancy of the tenant and all other occupants.
If a landlord is authorized to terminate a rental
agreement or other tenancy pursuant to this chapter, or if an owner
is authorized to cancel the sales contract of said property pursuant
to this chapter, but does not so terminate the rental agreement or
other tenancy or sales contract. The landlord and/or owner is not
liable in a tort or other civil action in damages for any injury,
death, or loss to person or property that allegedly results from that
decision.
If a person described in Subsection C of this section occupied residential premises within 500 feet of a particular school bus stop before the effective date of this chapter, this chapter does not apply to that person's residence within 500 feet of that bus stop.
If a person violates this chapter by establishing
a residence or occupying residential premises within 500 feet of any
school bus stop, an owner or lessee of real property that is located
within 500 feet of those school bus stops, the municipal corporation
that has jurisdiction over the place at which the person establishes
the residence or occupies the residential premises in question, has
a cause of action for injunctive relief against the person. The municipal
corporation shall not be required to prove irreparable harm in order
to obtain the relief.
The municipal corporation, in addition to all other
rights under the common law and rules, regulations and laws of the
State of New York, shall require the rerouting of any school bus stop
if it is established by a preponderance of the evidence that a residence
has been established in violation of this chapter.
If any section of this law is amended or modified
by a Court of competent jurisdiction, such amendment or modification
shall have no bearing on the validity of the remaining sections of
this chapter and said remaining sections shall be deemed valid and
in full force, notwithstanding the aforesaid amendments or modifications.