[HISTORY: Adopted by the Town Board of the Town of Lewiston 6-12-2006 by L.L. No. 1-2006 (Ch. 20B of the 1965 Code). Amendments noted where applicable.]
The Town of Lewiston recognizes that the Niagara County Legislature by resolution of March 21, 2006, has urged municipalities throughout Niagara County to adopt legislation concerning the registration of sex offenders in order to protect the citizens of each municipality. The Town Board of the Town of Lewiston 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 Lewiston 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 Corrections 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 Lewiston, New York, and who are required to register with the Department of Corrections pursuant to § 168-f of the Corrections Law of the State of the New York must also register with the Town of Lewiston Police Department. Such registration must occur not more 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 more than 10 days from the date of sentencing should such sex offender not have been incarcerated.
Such registration with the Town of Lewiston Police Department shall include, at a minimum, the following information:
The legal name of the Level II or Level III sex offender (registrant), including any nicknames or aliases which may have been used or applied for.
Date of birth.
Social security number.
Current address and proposed address where such person has resided or intends to reside within the Town of Lewiston. 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 Lewiston.
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 identification number, as well as the 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 Lewiston Police Department before the same occurs. The information previously required of the registrant shall similarly be required for any prospective change.
In the discretion of the Lewiston Police Department, any Level II or Level III sex offender who is registering pursuant to this chapter shall submit to fingerprinting, photographing of his or her person, a DNA sample, dental imprints, a description of other identifying features or marks, shoe size, and any other identifying information that the Town of Lewiston Police Department deems necessary.
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 the 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 Town of Lewiston Police Department shall maintain a local registry of the particular sex offenders required to register under this chapter separate and distinct 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 in addition to the registration required under the New York State Corrections Law. The Town of Lewiston Police Department and/or Town of Lewiston 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 Town of Lewiston Police Department by way of certified copy and the Town of Lewiston shall then strike from such registry any such reversed or set-aside conviction.
The Town of Lewiston and its Police Department 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 contract, rental agreement for tenancy or otherwise, or establish any place of lodging within a radius of 1,000 feet of all schools, playgrounds, parks, day-care centers, nursing homes, assisted-living facilities or fire halls.
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 Correction Law. Immediate notification shall be provided to the Town of Lewiston 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 of 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 will not be deemed to create or have created any cause of action against the Town of Lewiston 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 would 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 or 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 Lewiston that any violation of this chapter is a separate and distinct offense from any violation of New York State Corrections Law or Penal Law.