[HISTORY: Adopted by the Town Board of the Town of Grand Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2011 by L.L. No. 4-2011]
The title of this article shall be "The Town of Grand Island Sex Offender Residency Law."
The highest priority of the government is the protection of health and safety of its citizens, especially its children. Sex offenders, some of which have committed criminal offenses against minors, reside in the Town of Grand Island. The Town Board finds that convicted sex offenders pose a severe threat to the health and safety of the Town's children. The Town Board finds that instituting residency and proximity controls for sex offenders is the least restrictive and most effective means of protecting children from sexual predators in the Town of Grand Island. Accordingly, the purpose of this article is to establish residency and proximity restrictions for sex offenders.
- POLICE DEPARTMENT
- The Erie County Sheriff's Department.
- A place where a person sleeps, which may include more than one location, and may be mobile or transitory. Also, for purposes of this article, "residence" shall include any secondary, vacation, or temporary residence.
- SEX OFFENDER
- Any person who has received a Level II or III designation, as defined by the Sex Offender Registration Act.
Editor's Note: See Correction Law Article 6-C.
Sex offenders residing in the Town shall register with the police department within 10 days after being released from incarceration. The sex offender must provide the police department with the following information: [As an alternative, the police department may rely on the database provided by the State of New York for all of the identifying information provided in Subsection A(1) through (7).]
Legal name and any other names or aliases that he or she has used, or is using, and any new names he or she has applied for in the last year.
Date of birth.
Social security number.
Current address, the address of any other residences or real property he or she owns or leases, 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 ten 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 sex offender must provide a description and location of any and all rented or owned spaces to which the sex offender claims a right to privacy or a right to exclude others, including but not limited to storage buildings.
His or her place of employment and the name and telephone number of a contact person who knows his or her location at any and all times during employment hours, or other times he or she performs work in the scope of his employment duties.
His or her driver's license number and the license plate number, vehicle identification number, and description by make and model of all vehicles registered to him or her, owned by him or her, driven by him or her during employment, or otherwise available to him or her with regularity by consent from another.
A list of any and all sex offense violations of which he or she has been convicted of, or to which he or she has entered a plea of guilty.
If any person receives a deferred sentence from any court for a sex offense that would otherwise trigger registration under this chapter, that person must register as if convicted, unless they obtain an order from a court of competent jurisdiction which, after an evidentiary hearing on the issue, rules that registration is not required.
Any sex offender currently incarcerated or confined in a correctional or mental health institution pursuant to Article 10 of the Mental Hygiene Law and temporarily at large and free to move about in the Town is required to register under this chapter 10 days before each release date. This subsection includes, but is not limited to, persons on probation, parole, furlough, work release or any similar program that results in or causes the person to be outside the confines of the institution for any reason.
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, the sex offender must notify the police department and provide new valid information within three days of the time the new information becomes known or should be known by the sex offender.
In the event of any change in residence, including the acquisition of additional residences, the sex offender must notify the police department of the prospective change before the change occurs.
A sex offender who changes his place of employment must notify the police department 10 days before the voluntary change occurs or five days after the change is forced or compelled. Sex offenders must provide the name and telephone number of a new contact person within 10 days of the time new work begins.
The Town may make available and disseminate sex offender registration information, as authorized by New York law, on the Town's website for any sex offender. Inclusion of a sex offender in the Town's database and website is based solely on the fact of a prior conviction and not based on any assessment of the current degree of dangerousness posed by any particular sex offender.
A sex offender shall not reside within 1,000 feet of any playground, park, library, athletic playing field, day-care center, nursery school, or any other facility or institution primarily used for the care, education, or treatment of persons under the age of 18.
A sex offender who maintains a residence within 1,000 feet of any playground, park, library, athletic playing field, day-care center, nursery school, or any other facility or institution primarily used for the care, education, or treatment of persons under the age of 18 does not violate this article if the sex offender has established that residence prior to the effective date of this article. No sex offender shall be required to change his or her residence if any of the foregoing facilities are newly established within 1,000 feet of the sex offender's residence.
A sex offender who maintains a residence within 1,000 feet of any playground, park, library, athletic playing field, day-care center, nursery school, or any other facility or institution primarily used for the care, education, or treatment of persons under the age of 18, does not violate this article if the sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional or mental health facility.
Any violation of this article shall be a Class A misdemeanor. In addition, and to the extent permitted by law, a court may enjoin further violations of this article.