[HISTORY: Adopted by the Town Board of the Town of Hurley 9-17-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
A. 
It is the intent of this chapter to prohibit any convicted and registered Level III sex offender from residing within 500 feet of any school bus stop in the Town of Hurley. It is the intent of the Town Board to do everything in their power to protect the lives and safety of our children.
B. 
This chapter is enacted pursuant to the powers granted to the Town by virtue of Article IX, 2(c)(5) of the New York State Constitution.
C. 
No landlord of any residential premises located within 500 feet of any school bus stop shall allow any person to occupy those residential premises if the person's name appears on the state registry of sex offenders and child-victim offenders.
D. 
Nor shall an owner of residential real estate be allowed to transfer title of said residential property if the purchaser's name appears on the state registry of sex offenders and child-victim offenders and if the property is located within 500 feet of any school bus stop.
E. 
If a tenant is allowed occupancy in violation of this chapter or a person establishes a residence or occupies residential premises, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants.
F. 
If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to this chapter, or if an owner is authorized to cancel the sales contract of said property pursuant to this chapter, but does not so terminate the rental agreement or other tenancy or sales contract. The landlord and/or owner is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision.
G. 
If a person described in Subsection C of this section occupied residential premises within 500 feet of a particular school bus stop before the effective date of this chapter, this chapter does not apply to that person's residence within 500 feet of that bus stop.
H. 
If a person violates this chapter by establishing a residence or occupying residential premises within 500 feet of any school bus stop, an owner or lessee of real property that is located within 500 feet of those school bus stops, the municipal corporation that has jurisdiction over the place at which the person establishes the residence or occupies the residential premises in question, has a cause of action for injunctive relief against the person. The municipal corporation shall not be required to prove irreparable harm in order to obtain the relief.
I. 
The municipal corporation, in addition to all other rights under the common law and rules, regulations and laws of the State of New York, shall require the rerouting of any school bus stop if it is established by a preponderance of the evidence that a residence has been established in violation of this chapter.
J. 
If any section of this law is amended or modified by a Court of competent jurisdiction, such amendment or modification shall have no bearing on the validity of the remaining sections of this chapter and said remaining sections shall be deemed valid and in full force, notwithstanding the aforesaid amendments or modifications.