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.
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.
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.