[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 7-19-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 74, Retirement Incentive Program,
adopted 9-15-1992 by L.L. No. 3-1992, was superseded 7-3-2002 by L.L.
No. 1-2002. Said L.L. No. 1-2002 was not included in the Code because
the open period for eligible employees to retire under the provisions
of said local law have expired.
A.Â
The
Common Council of the City of North Tonawanda finds that one of the
highest priorities of local government is the protection of the health
and safety of Its citizens. This is especially true of children and
other vulnerable members of society. The Common Council further finds
that convicted sex offenders pose a significant continuing risk to
society. Moreover, as the tragic murder of Jessica Lunsford in Florida
in spring 2005 and other such events have shown, recidivism among
convicted sexual offenders is a continuing problem.
B.Â
Recently,
residents of the City have been advised that there are residing in
the City a number of convicted sex offenders. At least some of these
sex offenders have registered as required by Article 6-C of the Corrections
Law of the State of New York, commonly known as "Megan's Law."
Some of these individuals have been categorized by the State Department
of Corrections as Level II sex offenders who have been determined
to be of moderate risk of committing another sex crime. Some of these
individuals have been categorized as Level III sex offenders who have
been determined to be of a high risk to commit another sexual crime.
However, the Common Council finds that some sex offenders fail to
register or fail to update their registration information when they
move from one location to another.
C.Â
The
Common Council finds that the protection of the victims and potential
victims of sexual offenders in North Tonawanda is a matter of unique
local concern not fully and adequately addressed by state law. The
Common Council finds that the disclosures required and the limitations
contained herein will protect the citizens of North Tonawanda and
will provide to employers who contract with North Tonawanda information
that will assist these employers in protecting children who may come
into proximity with a sex offender in the scope of employment.
D.Â
The
Common Council finds that the City of North Tonawanda has not assessed
and cannot assess the risk of recidivism of any particular sex offender
or class of sex offenders and has made no determination of dangerousness
of any particular sex offender or class of sex offenders. Rather,
the Council finds that this chapter is remedial in nature and designed
to fill certain gaps in state law as well as to provide protections
for residents of the City who receive certain services from the City.
The Council further finds this chapter to be the most narrowly tailored
means of fulfilling its compelling interest in the safety of its citizens.
Finally, the Council does not intend for any person to use the information
required by this chapter to harm or injure any registrant under the
law.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person 17 years of age or older.
Persons under 17 years of age. The singular and plural shall
include one another. If the applicable statute defining a crime against
a child refers to a child younger than 18, the younger age shall control.
Any lawful form of care for a child, as defined by federal
and state law and regulation, for less than 24 hours per day.
New York State Department of Corrections.
Any individual, partnership, association, corporation, business
trust, legal representative or organized group of persons paying wages
or any form of compensation to any person for services that directly
or indirectly benefit the individual, partnership, association, corporation,
business trust, legal representative or organized group of persons.
Any hotel, motel, rooming house, inn, rooming unit, bed-and-breakfast,
residence inn, country inn, motor court, R-V park or motor lodge that
lets or provides any space for occupancy by any person. Any place
of business that provides services or utilities to motor homes, recreational
vehicles, trucks with campers or any other motor vehicle in which
an individual does or may sleep overnight is an extended-stay establishment
under this chapter.
His or her.
Any adult who has been in the City of North Tonawanda for
more than 24 hours or intends to be in the City for more than 24 hours
without residence or place of lodging.
Any structure that provides temporary housing to a homeless
adult.
An interactive computer service or system or an information
service, system or access software provider that provides or enables
computer access by multiple users to a computer server and includes,
but is not limited to, an information service, system or access software
provider that provides access to a network system commonly known as
"the Internet," or any comparable system or service and also includes,
but is not limited to, a World Wide Web page, newsgroup, message board,
mailing list, or chat area on any interactive computer service or
system or other on-line service. The NTPD website shall mean any Internet
site made available by the NTPD to the public, including any link
to the website of the City of North Tonawanda.
The North Tonawanda Police Department.
Anywhere outside the geographical borders of the State of
New York or any federal enclave, Indian trust lands or reservations
located inside the geographical borders of New York.
Any person required to register under this chapter.
Any year from the date of first registration under this chapter.
Any person who:
An adult who is not a sex offender.
A licensed or accredited public, charter, private or religious
school that offers instruction to students in preschool through any
grade up to Grade 12.
Shall have the same meaning as the term is defined in § 168-a1.
of the Corrections Law of the State of Nets York.
A violation of any law defined as a sex offense of the Corrections
Law of the State of New York.
Shall have the same meaning as that term is defined in § 168-a2
of the Corrections Law of the State of New York.
A.Â
Sex
offenders who reside in the City of North Tonawanda and who are required
to register with the Department of Corrections pursuant to Article
6-C of the Corrections Law of the State of New York must register
with the North Tonawanda Police Department.
B.Â
A
sex offender must register with the North Tonawanda Police Department
within 10 days after being released from incarceration, or 10 days
from the date of sentencing if not incarcerated for a sex offender
violation. A registrant under this section must provide the North
Tonawanda Police Department with the following information:
(1)Â
His legal name, any other names or aliases he has used or is using
and any new names he has applied for in the last year.
(2)Â
His date of birth.
(3)Â
His social security number.
(4)Â
His current address, the address of any other residences he owns
or the address of any other real property he owns or leases and the
address of any other locations or places of lodging where the sex
offender intends to stay or does in fact stay for more than three
consecutive days at any time or an aggregate of 10 or more days in
a registration year. Homeless shelters and extended-stay establishments
must be included in the disclosure required pursuant to this subsection.
Pursuant to this subsection, the registrant must provide a description
and location of any and all rented or owned spaces to which the registrant
claims a right to privacy or a right to exclude others, including
but not limited to storage buildings.
(5)Â
His place of employment and the name and telephone number of a contact
person who knows his location at any and all times during employment
hours or other times he performs work in the scope of his employment
duties.
(6)Â
His driver's license number and the license plate number, vehicle
identification number and description by make and model of all vehicles
registered to him, owned by him, driven by him during employment or
otherwise available to him with regularity by consent from another.
(7)Â
A list of any and all sex offense violations of which he has been
convicted or to which he has entered a plea of guilty.
C.Â
As an alternative to the registration information to be gathered in Subsection B above, the North Tonawanda Police Department may rely on such information as is gathered and provided by the State of New York to the City of North Tonawanda pursuant to Article 6-C of the Corrections Law of the State of New York.
A.Â
Any
sex offender who provides inaccurate information to the NTPD commits
a separate violation of this chapter.
B.Â
In the event of any change in registration information or addition of new information that would have been required in the initial or subsequent registration other than a change of address or employment governed by Subsection C or D below, the registrant must notify the NTPD and provide new valid information within 10 days after the change.
C.Â
A
sex offender who is required to register under this chapter and elects
to change the address of any place of lodging, including but not limited
to a residence, extended-stay establishment or homeless shelter, must
notify the NTPD of the prospective change within 10 days after the
change occurs.
D.Â
A
sex offender who is required to register under this chapter and changes
his place of employment must notify the NTPD 10 days after the voluntary
change. Sex offenders must provide the name and telephone number of
a new contract person within 10 days of the time new work begins.
E.Â
When
a sex offender registers under this chapter, NTPD may take and retain
his photograph and a set of fingerprints. Additionally, NTPD may record
and retain the person's shoe size, a DNA sample, dental imprints
and a description of tattoos, scars and other identifying features
that would assist in identifying the sex offender, as determined by
the NTPD. As an alternative, the NTPD may rely on DNA and other identifying
information on databases provided by the State of New York.
F.Â
Following
the initial registration, registrants, except homeless adults, are
required to annually renew the registration, as arranged by the NTPD.
Homeless adults residing from time to time in homeless shelters must
verify registration data, in writing, every 90 days as long as they
are in town, on a form provided by the NTPD. Sex offenders who have
been convicted of two or more sex offenses must register for life.
The North Tonawanda Police Department shall maintain a local
registry of sex offenders registered under this chapter. The City
of North Tonawanda will maintain a database of sex offenders distinct
from any registry of sex offenders maintained by the State of New
York. Registration under any registration program maintained by the
State of New York does not exempt a sex offender from registration
under this chapter. The City of North Tonawanda will make available
and disseminate sex offender registration information as authorized
by New York law.
A.Â
Address
verification checks. The North Tonawanda Police Department may conduct
address verification checks to substantiate that registrants are living
where they claim to live. The check shall verify that the registrant
in fact lives at the claimed address. If the NTPD is unable to verify
the address, the registrant may be prosecuted pursuant to this chapter
and Corrections Law § 168. The North Tonawanda Police Department
may contact and interview any person living or located near the claimed
address. The provisions of this subsection are in addition to any
other lawful investigation NTPD may undertake.
B.Â
Sex
offender location. After the effective date of this chapter, sex offenders
shall not newly occupy any real property, acquire any real property
by lease or otherwise or establish a place of lodging within one-fourth-mile
radius of a school, day-care center, playground or park.
C.Â
Within
five days from the effective date of this chapter, a sex offender
employed by an employer located in the City of North Tonawanda shall
notify his current employer that he is a registered sex offender.
At the time a sex offender applies or receives an offer of employment
by an employer where the sex offender will be working substantially
within the City of North Tonawanda, the sex offender shall notify
the employer that he is a registered sex offender. All sex offenders
shall provide the employer or prospective employer with the current
conditions of probation in writing, including, if applicable, any
conditions of probation that require the sex offender to stay away
from vulnerable populations or conditions the sex offender's
contact with vulnerable populations.
Nothing in this chapter creates or shall create a cause of action
against the City of North Tonawanda not already authorized under existing
law. Without limitation, the City is not liable to any person harmed
who claims that notice under this chapter may have prevented the harm.
Each violation of this chapter by a sexual offender shall be
punishable by a fine of $250 and/or 15 days in jail. Each day that
a registrant should have registered or supplemented his registration
but failed to do so shall constitute a separate offense. It is the
intent of the Common Council that violations of this chapter should
not be treated by the courts as lesser included offenses that merge
into a violation of Article 6-C of the Corrections Law of the State
of New York. The City shall also be entitled to injunctive relief
to enforce the provisions of this chapter.
