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.
A. 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.
D. 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.
E. Any address where such registrant stays or intends to stay within
the Town of Porter.
F. 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.
G. 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.
H. A statement of all sex offenses to which the registrant has been
deemed guilty by way of plea, verdict, conviction or otherwise.
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.