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Town of Porter, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Porter 8-14-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
The Town of Porter concurs with the Niagara County Legislature, which has urged municipalities throughout Niagara County to adopt legislation concerning the registration of sex offenders of each municipality in order to protect its citizens. The Town Board of the Town of Porter believes it to be the utmost concern and priority to protect its citizens from certain types of sex offenders who have been deemed by their risk assessment level to pose a significant risk for re-offending. The Town of Porter acknowledges the existence of Article 6-C of the Correction Law of the State of New York, referred to as the "Sex Offender Registration Act," but believes that this chapter is allowed by the Municipal Home Rule Law of the State of New York and is necessary in furtherance of the safety of the community.
The definitions as contained in § 168-a of the Correction Law of the State of New York are adopted as the definitions of this chapter.
Level II and Level III sex offenders who reside in the Town of Porter, New York, and who are required to register with the Department of Corrections pursuant to § 168-f of the Correction Law of the State of New York must also register with the Town of Porter Code Enforcement Officer. Such registration must occur not greater than 10 days after such Level II and Level III sex offender has been released, discharged, paroled, or otherwise left the confinement of any facility where such sex offender has been incarcerated or not greater than 10 days from the date of sentencing should such sex offender not have been incarcerated.
Such regulation with the Town of Porter Code Enforcement Officer shall include, at a minimum, the following information.
The legal name of the Level II and Level III sex offender (registrant), including any nicknames or aliases which may have been used or applied for.
State of birth.
Social security number.
Current address and proposed address where such person has resided or intends to reside in the Town of Porter. Additionally, any residences owned, purchased, leased, rented, or to which such registrant may in any way be entitled in law or equity.
Any address where such registrant stays or intends to stay within the Town of Porter.
The current and/or prospective place of employment as well as the address and telephone number and immediate supervisor of such registrant. Additionally, the hours which such registrant is assigned to work.
Driver's license, license identification number, as well as vehicle identification number and license plate number of any vehicle owned, leased, utilized, or otherwise driven by such registrant either during the course of employment or otherwise.
A statement of all sex offenses to which the registrant has been deemed guilty by way of plea, verdict, conviction or otherwise.
Should the registrant intend or desire to change his or her place of residence or employment, such change must be reported to the Code Enforcement Officer before the same occurs. The information previously required of the registrant shall similarly be required for any prospective change.
At the discretion of the Code Enforcement Officer, any Level II or Level III sex offender who is registering pursuant to this chapter shall submit to fingerprinting, photograph of their person, DNA sample, dental imprints, a description of other identifying features or marks, shoe sizes, and any other identifying information that the Code Enforcement Officer deems necessary and such Level II or Level III sex offender shall cooperate with any police agency designated by the Code Enforcement Officer for this purpose.
Such registration shall occur at least annually thereafter for a period of 20 years. Any sex offender who is convicted of two or more separate Level II or Level III sex offenses must register for life.
In the event of any change in registration information, or addition of new or different information from the time of the initial or subsequent registration, such change shall be provided within three days of the time such new information is available to or otherwise known or within the ability of the registrant to know.
The Code Enforcement Officer shall maintain a local registry of the particular sex offenders required to register under this chapter separate and district from the registry maintained pursuant to the Corrections Law of the State of New York. It is specifically stated that the registration as required pursuant to this chapter is an addition to the registration required under the New York State Corrections Law. The Town of Porter may make available and disseminate such registration information as authorized by New York State Law.
In the event that any conviction of a Level II or Level III sex offender is reversed or set aside by appellate process or order of any court of competent jurisdiction, such data and/or order of the court shall be supplied by the sex offender to the Code Enforcement Officer by way of certified copy and the Town of Porter shall then strike from such registry any such reversed or set aside conviction.
The Town of Porter and its Code Enforcement Officer make no determination regarding the probability of recidivism, the current propensity for criminal activity, or the degree of propensity for criminal activity for any registrant purpose. The purpose of such data in registry is so that information is generally available and accessible rather than to constitute a specific warning about any specific registrant.
Upon the enactment of this chapter, Level II and Level III sex offenders shall not reside permanently or temporarily, or acquire any real property by purchase, lease, land contact, rental agreement for tenancy, or otherwise, or establish any place of lodging within a radius of 1,000 feet of all school, playgrounds, parks, day-care centers, nursing homes, assisted-living facilities or fire halls unless such Level II or Level III sex offender has physically resided at such location for a period of one year prior to the enactment of this chapter.
All entities or persons entering into agreements with the Town shall conduct background checks of all of its agents, servants or employees to determine whether or not such person or persons may be a Level II or Level III sex offender as defined in the New York State Corrections Law. Immediate notification shall be provided to the Town of Porter of any such person or persons. The proposed contractor shall then verify that such person or persons shall not perform work within any of the aforesaid restricted areas unless specifically supervised by a designated superior or such entity or person. Failure by any contractor to comply with this provision shall be deemed to be a material breach of the contract, allowing the Town to negate such contract without penalty.
This chapter with not be deemed to create or have created any cause of action against the Town of Porter which may not be authorized under any other existing law. The Town is not liable to any person or persons who may hereafter be harmed who claims or may claim that notice under this chapter may have or world have prevented such harm.
Any violation of this chapter including the providing of inaccurate information is hereby deemed to be an offense separate and distinct from any violations of the New York State Corrections Law. Violations of this chapter shall be punishable by a maximum of 15 days in the Niagara County Jail or a fine of $250 or both.
Every day in which a Level II or Level III sex offender fails to register or is in any way in violation of this chapter shall be considered and constitute a separate offense. For purposes of any separate criminal prosecution or Corrections Law prosecution, jeopardy shall not be deemed to have attached by way of a violation of this chapter should a conviction occur hereunder. Similarly, a conviction of any violation of the New York State Corrections Law of criminal law shall not be deemed to exonerate such convicted party from prosecution under this chapter. It is the specific intent of the Town of Porter that any violation of this chapter is a separate and distinct offense from any violation of New York State Corrections Law or penal law.