[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:
A.
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.
B.
Date of birth.
C.
Social security number.
D.
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.
E.
Any address where such registrant stays or intends to stay within
the Town of Lewiston.
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 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.
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 Lewiston
Police Department before the same occurs. The information previously
required of the registrant shall similarly be required for any prospective
change.
B.
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.
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 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.
A.
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.
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 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.
C.
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.
