[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.
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.
B.
State of birth.
C.
Social security number.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
