[HISTORY: Adopted by the Town Board of the Town of Evans 4-19-2006
by L.L. No. 5-2006. Amendments noted where applicable.]
The adoption of Megan's Law has increased public awareness of sexual
offenders by requiring them to become registered with authorities and making
such information available to the public. The Town Board of the Town of Evans
hereby enacts this chapter to prevent sex offenders from residing or living
near areas where children regularly meet and congregate. The Town Board of
the Town of Evans believes this chapter is necessary to further protect the
best interests of all children and to protect the health, safety, and welfare
of the residents of the Town of Evans.
No person over the age of 18 years who has been convicted of a violation
of a sexual offense upon a child of the age of 16 years or under, as defined
by the New York State Penal Law, which would require that individual to register
as a sexual offender under state law and/or federal law shall be permitted
to reside or live within 1,500 feet of the real property of any school, park
playground or day-care center in the Town of Evans, unless the residency of
said offender was established prior to the enactment of this chapter, in which
case such offender may continue to occupy such location for three months from
the effective date of this chapter.
A.Â
Any sex offender residing in the Town of Evans at the
time of conviction of any sexual offense requiring registration under any
federal or state law is required to register as such with the Town of Evans
Police Department within 10 days of: (1) Conviction of such offense if not
incarcerated; or (2) Release from incarceration; or (3) Taking up residence
in the Town of Evans; or (4) Undertaking employment within the Town of Evans;
or (5) The effective date of this chapter, whichever is later. Residency for
the purpose hereof shall be defined as having a place of residence or abode
within the Town of Evans.
B.Â
Upon registration, such sexual offender shall provide
to the Evans Police Department the following information:
(1)Â
Legal name and any names or aliases used or for which
such offender has applied within the last year.
(2)Â
Such offender's date of birth and social security
number.
(3)Â
The current address of such offender, the address of
any other residences or real property owned or leased by such offender and
the addresses of any other location or places of lodging where such offender
intends to stay or does stay for more than three consecutive days at any time
or an aggregate of 10 or more days in a registration year.
(4)Â
Such offender's place of employment and the name
and telephone number of any contact person who knows the location of the offender
at any and all times of employment or other times such offender performs work
in the scope of employment.
(5)Â
Such offender's driver's license number and
license plate number, vehicle identification number and description of any
and all vehicles registered, owned or driven by him or available to him by
the consent of another.
(6)Â
A list of sex offense violations of which offender has
been convicted.
Failure to comply with this chapter or any provision hereof is considered
a violation and may result in a fine of $250 and/or imprisonment for 15 days.
Each day such sex offender has failed to comply with any of the provisions
in this chapter shall be deemed a separate offense, and shall be punishable
as such.
This chapter does not seek to regulate that portion of the Town of Evans
within the Village of Angola.
