[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.
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.
Any person who has received a Level II or III designation,
as defined by the Sex Offender Registration Act.[1]
[1]
Editor's Note: See Correction Law Article 6-C.
A.
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).]
(1)
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.
(2)
Date
of birth.
(3)
Social
security number.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
B.
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.
C.
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.
