The title of this chapter shall be the "Sexual Offenders Registration
Act."
The Town Board of the Town of Pendleton finds that one of the highest
priorities of local government is the protection of the health and safety
of its citizens. This is especially true for children and other vulnerable
members of society. The Town Board further finds that convicted sex offenders
pose a significant continuing risk to society. Moreover, as the tragic murder
of Jessica Lunsford in Florida in spring 2005 and other such events have shown,
recidivism among convicted sexual offenders is a continuing problem. It is
recognized that the growing population of Pendleton may bring with it the
potential for sex offenders to dwell within Town boundaries who will have
registered as required by Article 6-C of the Corrections Law of the State
of New York, commonly known as Megan's Law. Some of these individuals
may in fact be in residence currently. Some of these individuals have been
or will be categorized by the State Department of Corrections as Level II
sex offenders, who have been determined to be of moderate risk of committing
another sex crime. Some of these individuals have been or will be categorized
as Level III sex offenders, who have been determined to be of a high risk
to commit another sexual crime. However, the Town Board finds that some sex
offenders fail to register or fail to update their registration information
when they move from one location to another. The Town Board finds that the
protection of the victims and potential victims of sexual offenders in Pendleton
is a matter of unique local concern not fully and adequately addressed by
state law. The Town Board finds that the disclosures required and the limitations
contained herein will protect the citizens of Pendleton and will provide to
employers who contract with Pendleton and within Pendleton's boundaries
information that will assist these employers in protecting children who may
come into proximity with a sex offender in the scope of employment. The Town
Board finds that the Town of Pendleton has not assessed and cannot assess
the risk of recidivism of any particular sex offender or class of sex offenders
and has made no determination of dangerousness of any particular sex offender
or class of sex offenders. Rather, the Board finds that this chapter is remedial
in nature and designed to fill certain gaps in state law as well as to provide
protection for residents of the Town who receive certain services from the
Town. The Board further finds this chapter to be the most narrowly tailored
means of fulfilling its compelling interest in the safety of its citizens.
Finally, the Board does not intend for any person to use the information required
by this chapter to harm or injure any registrant under the law.
For purposes of this chapter, the following shall apply unless the context
clearly indicates a different meaning:
ADULT
Any person 18 years of age or older.
CHILD OR CHILDREN
Persons under 18 years of age. The singular and plural shall include
one another. If the applicable statute defining a crime against a child refers
to a child younger than 18, the younger age shall control.
EMPLOYER
Any individual, partnership, association, corporation, business trust,
legal representative or organized group of persons paying wages or any form
of compensation to any person for services that directly or indirectly benefit
the individual, partnership, association, corporation, business trust, legal
representative or organized group of persons.
EXTENDED-STAY ESTABLISHMENT
Any hotel, motel, rooming house, inn, rooming unit, bed-and-breakfast,
residence inn, country inn, motor court, R-V park or motor lodge that lets
or provides any space for occupancy by any person. Any place of business that
provides services or utilities to motor homes, recreational vehicles, trucks
with campers or any other motor vehicle in which an individual does or may
sleep overnight is an EXTENDED-STAY ESTABLISHMENT under this chapter.
HOMELESS ADULT
Any adult who has been in the Town of Pendleton for more than 24
hours or intends to be in town for more than 24 hours without a residence
or place of lodging.
HOMELESS SHELTER
Any structure that provides temporary housing to a homeless adult.
INTERNET
An interactive computer service or system or an information service,
system or access software provider that provides or enables computer access
by multiple users to a computer server and includes, but is not limited to,
an information service, system or access software provider that provides access
to a network system commonly known as the "Internet," or any comparable system
or service and also includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any interactive computer
service or system or other on-line service. The NCSD website shall mean any
Internet site made available by the NCSD to the public, including any link
to the website of the Town of Pendleton.
NCSD
The Niagara County Sheriff's Department.
OUTSIDE NEW YORK
Anywhere outside the geographical borders of the State of New York
or any federal enclave, Indian trust lands or reservations located inside
the geographical borders of New York.
REGISTRANT
Any person required to register under this chapter.
RESIDENT
Any person who lives in the Town of Pendleton in any apartment or
home, has a usual place of abode in the Town, is domiciled in the Town or
is temporarily present in the Town and staying at a homeless shelter or an
extended-stay establishment.
SCHOOL
A licensed or accredited public, charter, private or religious school
that offers instruction to students in kindergarten through any grade up to
Grade 12.
SEX OFFENDER
Shall have the same meaning as the term is defined in § 168-a(1)
of the Corrections Law of the State of New York.
SEX OFFENDER VIOLATION
A violation of any law defined as a sex offense in § 168-a(2)
of the Corrections Law of the State of New York.
SEX OFFENSE
Shall have the same meaning as that term is defined in § 168-a(2)
of the Corrections Law of the State of New York.
The Town of Pendleton will maintain a database of sex offenders distinct
from any registry of sex offenders maintained by the State of New York. Registration
under any registration program maintained by the State of New York does not
exempt a sex offender from registration under this chapter. The Town of Pendleton
will make available and disseminate sex offender registration information
as authorized by New York law on the Town's own website on the Internet
for any sex offender classified as a Level II or Level III sex offender by
the State Department of Corrections. Inclusion of a sex offender in the Town's
database and website is based solely on the fact of a prior conviction and
not based on any assessment of the current degree of dangerousness posed by
any particular sex offender. The website will conspicuously include the following
statement: "The Town's decision to post sex offenders on this website
is based on the fact that the sex offender was convicted of a sex offense
in the past. The Town of Pendleton has not assessed the specific risk posed
by any particular individual sex offender or class of sex offenders and has
made no determination regarding the current dangerousness or degree of dangerousness
of any individual sex offender or class of sex offenders. The main purpose
of providing this data on the Internet is to make the information more easily
available and accessible, not to warn about any specific individual."
Nothing in this chapter creates or shall create a cause of action against
the Town of Pendleton not already authorized under existing law. Without limitation,
the Town is not liable to any person harmed who claims that notice under this
chapter may have prevented the harm.
Each violation of this chapter shall be punishable by a fine of $250
and/or 10 days in jail. Each day that a registrant should have registered
or supplemented his registration but failed to do so shall constitute a separate
offense. It is the intent of this Board that violations of this chapter should
not be treated by the courts as lesser included offenses that merge into a
violation of Article 6-C of the Corrections Law of the State of New York.
The Town shall also be entitled to injunctive relief to enforce the provisions
of this chapter.