Sex Offender Registry

Chapter 222, SEX OFFENDER RESIDENCY

[HISTORY: Adopted by the City Commission of the City of Sunny Isles Beach 9-8-2005 by Ord. No. 2005-231. Amendments noted where applicable.]

§ 222-1. Incorporation of recitals.

The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this chapter upon adoption hereof.

§ 222-2. Findings and intent.

A. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to public safety. Sexual offenders are likely to use physical violence and repeat their offenses, and many sexual offenders commit offenses that go unreported and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

B. It is the intent of this chapter to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

§ 222-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

PERMANENT RESIDENCE -- A place where the person abides, lodges, or resides for 14 or more consecutive days.

TEMPORARY RESIDENCE -- A place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

§ 222-4. Residency prohibitions.

A. It is unlawful for any person who has been convicted of a violation of § 794.011, 800.04, 827.071, or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to reside within 2,500 feet of any school, designated public school bus stop, day-care center, park, playground, or other place where children regularly congregate.

B. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.

§ 222-5. Penalties for offenses.

A. A person who violates this chapter shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this chapter, such person shall be punished by a fine not to exceed $1,000 or imprisonment in the county jail not more than 12 months, or by both such fine and imprisonment.

B. This section applies to any person convicted of a violation of § 794.011, 800.04, 827.071, or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld.

§ 222-6. Exceptions.

A person residing within 2,500 feet of any school, designated public school bus stop, day-care center, park, playground, or other place where children regularly congregate does not commit a violation of this section if any of the following apply:

A. The person established the permanent residence prior to effective date of this chapter.

B. The person was a minor when he/she committed the offense and was not convicted as an adult.

C. The person is a minor.

D. The school, designated public school bus stop, or day-care center within 2,500 feet of the person's permanent residence was opened after the person established the permanent residence.

Chapter 279, REGISTERED SEX OFFENDER PROHIBITION ZONES

[Adopted by the Township Council of the Township of Lower 8-15-2005 by Ord. No. 2005-14. Amendments noted where applicable.

§ 279-1. Findings and declarations. [Amended 12-5-2005 by Ord. No. 2005-25]

The Township Council finds and declares that the health, safety and welfare of children will be enhanced by prohibiting registered sex offenders from residing or loitering with the Township of Lower within 500 feet of any school, park, playground, recreation area or day-care facility or within 25 feet of a school bus stop located with Lower Township or adjacent municipalities.

§ 279-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

LOITERING -- Whether on foot or in a motor vehicle, a person who wanders or remains idle in essentially one locate, sits, lounges, loafs, walks about aimlessly or repeatedly frequents the same location or repeatedly circles in a motor vehicle.

PROHIBITED AREA -- The area within 500 feet from the real property upon which any school, park, playground, recreation area or day-care facility is located or within 25 feet of a school bus stop, whether within Lower Township or adjacent municipalities. [Amended 12-5-2005 by Ord. No. 2005-25]

PROHIBITED AREA MAP -- A map approved and adopted pursuant to this chapter depicting the prohibited area.

REGISTERED SEX OFFENDER -- Any person over the age of 18 who is required to register pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex Offender Registration and Notification Statute ("Megan's Law").

SCHOOL BUS STOP -- Any area designated by the school district within the Township as a school bus stop where children regularly congregate for the purpose of boarding and debarking from a school bus.

§ 279-3. Adoption of Prohibited Area Map. [Amended 12-5-2005 by Ord. No. 2005-25]

The Prohibited Area Map prepared by the Township Engineer and adopted by the Township Council by a resolution, and as may be amended from time to time by resolution, depicting the location and areas within the Township of property which comprises all schools, parks, playgrounds, recreation areas, day-care facilities and school bus stops, and all areas within 500 feet from such properties, and the area within 25 feet from school bus stops, shall be kept on file with the Township Clerk and shall serve as an official finding and record of the prohibited area.

§ 279-4. Residency and loitering prohibited.

A registered sex offender shall not reside or loiter within the prohibited area.

§ 279-5. Exceptions.

The following are exceptions to § 279-4:

A.   Any person who is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within a prohibited area.

B.   Any person who established a residence within a prohibited area prior to the effective date of this chapter.

C.   The prohibited area is established or expanded subsequent to the effective date of this chapter to encompass a registered sex offender's existing residence.

§ 279-6. Enforcement.

This chapter shall be enforced by the Lower Township Police Department. The Chief of Police shall cause a copy of this chapter and the Prohibited Area Map to be provided to each registered sex offender who has registered under Megan's Law and who is residing with the Township.

§ 279-7. Defenses.

It shall be no defense to prosecution for a violation of this chapter that the actor was unaware that the prohibited conduct occurred within a prohibited area, nor shall it be a defense to prosecution under this chapter that no juveniles were present within any prohibited area at the time of the offense. To the extent that a registered sex offender has not registered under Megan's Law, it shall not be a defense to prosecution under this chapter that the registered sex offender was not provided with a copy of this chapter or the Prohibited Area Map.

§ 279-8. Use of Prohibited Area Map.

In a prosecution under this chapter, a true copy of the Prohibited Area Map shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of the prohibited area. Nothing in this chapter shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this chapter be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the Township Council, provided that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence.

§ 279-9. Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction of a first offense, be punished by a fine of not less than $100 nor more than $1,250 and/or imprisonment or community service not exceeding 90 days.

§ 279-10. Repeat offender.

Any person who is convicted of violating this chapter within one year of the date of a previous violation of this chapter shall be sentences to an additional fine of $1,250, which fine shall be calculated separately from the fine set forth in § 279-9 imposed for violation of this chapter.

Chapter 138, SEX OFFENDER RESIDENCY RESTRICTIONS

[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown 10-18-2005 by Ord. No. 327. Amendments noted where applicable.]

§ 138-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHILD-CARE FACILITY -- A licensed day-care center, child-care facility or any other child-care services facility exempt from licensing pursuant to the laws of the Commonwealth of Pennsylvania.

COMMON OPEN SPACE -- The area of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of Doylestown Township, which said open space is regulated, maintained and/or owned by the Township of Doylestown.

COMMUNITY CENTER -- A building and related facilities used for educational, social, cultural, or recreational activities.

PERMANENT RESIDENCE -- A place where a person lives, abides, lodges, or resides for 14 or more consecutive days.

PUBLIC PARK or RECREATIONAL FACILITY -- Any recreational facility, playground or park, owned or operated by the Township or any other governmental agency, including but not limited to the Central Bucks School District, the County of Bucks or the Commonwealth of Pennsylvania.

SCHOOL -- Any public or private school which provides education services to a minor.

SEX OFFENDER -- Any person, over the age of 18 years of age, who has been convicted of any crime against a minor identified in Section 9795.1 which includes, but is not limited to, kidnapping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of children, unlawful contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and individuals convicted of any attempt to commit any of the offenses enumerated therein.

TEMPORARY RESIDENCE -- A place where a person lives, abides, lodges, or resides for a period of less than 14 days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence.

§ 138-2. Residency restriction/prohibition.

A.   It shall be unlawful for any sex offender to establish a permanent or temporary residence within 2,500 feet of any school, child-care facility, common open space, community center, public park or recreational facilities.

B.   For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, child-care facility, common open space, community center, public park or recreational facilities.

§ 138-3. Notice to move.

Any sex offender who resides on a permanent or temporary basis within 2,500 feet of any school, child-care facility, common open space, community center, public park or recreational facility shall, within 45 days of receipt of written notice of the sex offender's noncompliance with this chapter, move from said location to a new location, but said location may not be within 2,500 feet of any school, child-care facility, common open space, community center, public park or recreational facilities within the Township. It shall constitute a continuing violation for each day beyond the 45 days the sex offender continues to reside within 2,500 feet of a school, child-care facility, common open space, community center, park or recreational facilities. Furthermore, it shall be a violation each day that a sex offender shall move from one location in the Township to another that is within 2,500 feet of any school, child-care facility, common open space, community center, public park or recreational facilities.

§ 138-4. Exceptions.

This chapter shall not apply to any person who has established residence prior to November 1, 2005, and it shall not apply if the school, child-care facility, common open space, community center, public park or recreational facilities within 2,500 feet of the sex offender's permanent residence was established subsequent to the establishment of the sex offender's permanent residence.

§ 138-5. Exemptions.

The provisions of this chapter shall not be applicable to persons incarcerated in any facilities owned, maintained and/or operated by the County of Bucks.

§ 138-6. Violations and penalties.

Any person who violates the provisions of this chapter shall, upon conviction, before a District Judge, be sentenced to a term of imprisonment up to 90 days and shall be fined not more than $1,000 for each violation, plus the costs of prosecution and reasonable attorney's fees.

§ 138-7. Enforcement.

The Doylestown Township Police Department shall be charged with the enforcement of this chapter.

§ 138-8. Publication.

The Township Manager is herein directed, by November 14, 2005, to have prepared and placed on the Township web site a map of the Township depicting the areas where sex offenders are restricted from residing on a permanent or temporary basis.

Chapter 193, SEX OFFENDER RESIDENCY RESTRICTIONS

[HISTORY: Adopted by the Board of Supervisors of the Township of Falls 10-18-2005 by Ord. No. 2005-10. Amendments noted where applicable.]

§ 193-1. Restriction.

No person over the age of 18 who has been convicted of a violation which requires registration with the Pennsylvania State Police pursuant to 42 Pa.C.S.A. § 9791 et seq., Registration of Sexual Offenders, or who has been convicted of a violation which requires registration in another jurisdiction pursuant to that jurisdiction's requirements under what is commonly known as "Megan's Law," shall be permitted to reside or live within 2,500 feet of any school, park, amusement park, skate park, roller rink, arcade, skating rink, athletic fields, movie theater, playground or child day-care facility in Falls Township.

§ 193-2. Compliance after notice.

Such person who resides or lives within 2,500 feet of any school, park, amusement park, skate park, roller rink, arcade, skating rink, athletic fields, movie theater, playground or child day-care facility in Falls Township shall have 60 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within that time period shall constitute a violation of this chapter.

§ 193-3. Exception.

This chapter shall not apply to a person who has established a residence prior to the date of adoption of this chapter by the Board of Supervisors.

§ 193-4. Violations and penalties.

Any violation of this chapter shall be punishable by a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; a period of community service not exceeding 90 days.

Chapter 187, SEX OFFENDER RESIDENCY

[HISTORY: Adopted by the Township Committee of the Township of Manalapan 8-24-2005 by Ord. No. 2005-29. Amendments noted where applicable.]

§ 187-1. Residency prohibition.

A.   No person over the age of 18 who has been convicted of a violation of any crime against a minor as identified in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release of Certain Offenders, commonly identified as "Megan's Law," shall be permitted to reside or live within 2,500 feet of:

(1)   Any public or private school where the dominant school population is 18 years of age or younger.

(2)   Any day-care center.

(3)   Any day camp.

(4)   Any Township, county or state park, including the so-called "pocket parks" within individual neighborhoods.

(5)   Any public or commercial recreational facility clearly designed to attract children as a "playground."

(6)   Any commercial recreational facilities frequented by young people, including theaters, bowling alleys, sports fields, exercise or sporting facilities.

(7)   Any convenience store.

(8)   Any public library.

B.   A map depicting the location and extent of the prohibited zones shall be available for inspection and copying in the Municipal Clerk's office during normal business hours.

§ 187-2. Relocation requirement.

Any person meeting the definition set forth in § 187-1 who resides or lives within 2,500 feet of any of the facilities listed in § 187-1A(1) through (8) within the Township shall have 60 days from receipt of written notice of the prohibition set forth in § 187-1 to move to a location that is not within 2,500 feet of one of those facilities within the Township. Failure to so relocate as stated herein shall constitute a violation of this section.

§ 187-3. Prior residency established.

Neither § 187-1 nor 187-2 shall be deemed applicable to a person who has established a residence prior to the effective date of this chapter throughout the period of time the person remains a resident at that precise location.

§ 187-4. Brown zones.

A.   In addition to the foregoing, an area encompassing 150 feet in all directions from any facilities identified in § 187-1A(1) through (5) shall be established and defined as a "Brown Zone." No person identified in § 187-1 shall be permitted to stop, sit, stand or loiter within a Brown Zone for any period of time exceeding the amount of time reasonably necessary to engage in a legitimate activity within the Brown Zone, and only for the period of time actually engaging in that legitimate activity.

B.   A map depicting the location and extent of the Brown Zones shall be available for inspection and copying in the Municipal Clerk's office during normal business hours.

§ 187-5. Violations and penalties.

A.   Each and every individual in violation of § 187-2 shall be subject to a fine not exceeding $1,250, which fine shall be at least $500, or shall be required to perform community service not to exceed 90 days for each offense, or shall be imprisoned for a term not exceeding 90 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense for which the individual was sentenced to pay a fine, the court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the court upon a repeat offender shall not be less than $500 nor more than $1,250, but shall be calculated separately from the fine imposed for the violation of this chapter.

B.   Each and every individual in violation of § 187-4 shall be subject to a fine not exceeding $500, which fine shall be at least $200, or shall be required to perform community service not to exceed 30 days for each offense, or shall be imprisoned for a term not exceeding 30 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense for which the individual was sentenced to pay a fine, the court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the court upon a repeat offender shall not be less than $200 nor more than $500, but shall be calculated separately from the fine imposed for the violation of this chapter.

Chapter 163, SEX OFFENDERS, REGISTRATION OF

[HISTORY: Adopted by the Town Board of the Town of Amherst 10-24-2005 by L.L. No. 9-2005. Amendments noted where applicable.]

§ 163-1. Title.

The title of this chapter shall be the "Sexual Offenders Registration Act."

§ 163-2. Legislative findings and intent.

A.   The Town Board of the Town of Amherst 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.

B.   Recently, residents of the Town have been advised that there are residing in Town a number of convicted sex offenders. At least some of these sex offenders 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 have been 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 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.

C.   The Town Board finds that the protection of the victims and potential victims of sexual offenders in Amherst 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 Amherst and will provide to employers who contract with Amherst information that will assist these employers in protecting children who may come into proximity with a sex offender in the scope of employment.

D.   The Town Board finds that the Town of Amherst has not assessed and can not 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 protections 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.

§ 163-3. Definitions.

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.

APD -- The Amherst Police Department.

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.

DEPARTMENT OF CORRECTIONS -- The New York State Department of Corrections.

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 motorhomes, 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.

HIS -- His or her.

HOMELESS ADULT -- Any adult who has been in the Town of Amherst 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 APD website shall mean any Internet site made available by the APD to the public, including any link to the website of the Town of Amherst.

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.

REGISTRATION YEAR -- One year from the date of first registration under this chapter.

RESIDENT -- Any person who lives in the Town of Amherst in any apartment or home, has a usual place of abode in the Town, is domiciled in the Town or temporarily present in the Town and staying at a homeless shelter or an extended-stay establishment.

RESPONSIBLE ADULT -- An adult who is not a sex offender.

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, Subdivision 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, Subdivision 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, Subdivision 2, of the Corrections Law of the State of New York.

§ 163-4. Registration requirements.

A.   Sex offenders who reside in the Town of Amherst and who are required to register with the Department of Corrections pursuant to Article 6-C of the Corrections Law of the State of New York must register with APD.

B.   A sex offender must register with APD within 10 days after being released from incarceration, or 10 days from the date of sentencing if not incarcerated, for a sex offender violation. A registrant under this section must provide APD with the following information:

(1)   His legal name, any other names or aliases he has used or is using and any new names he has applied for in the last year.

(2)   His date of birth.

(3)   His social security number.

(4)   His current address, the address of any other residences he owns or the address of any other real property he owns or leases and the address of any other locations or places of lodging where the sex offender intends to stay or does in fact stay for more than three consecutive days at any time or an aggregate of 10 or more days in a registration year. Homeless shelters and extended-stay establishments must be included in the disclosure required pursuant to this subsection. Pursuant to this subsection, the registrant must provide a description and location of any and all rented or owned spaces to which the registrant claims a right to privacy or a right to exclude others, including, but not limited to, storage buildings.

(5)   His place of employment and the name and telephone number of a contact person who knows his location at any and all times during employment hours or other times he performs work in the scope of his employment duties.

(6)   His driver's license number and the license plate number, vehicle identification number and description by make and model of all vehicles registered to him, owned by him, driven by him during employment or otherwise available to him with regularity by consent from another.

(7)   A list of any and all sex offense violations of which he has been convicted or to which he has entered a plea of guilty

C.   As an alternative to the registration information to be gathered in Subsection B above, the APD may rely on such information as is gathered and provided by the State of New York to the Town of Amherst pursuant to Article 6-C of the Corrections Law of the State of New York.

§ 163-5. Additional registrant regulations.

A.   Any sex offender who provides inaccurate information to the APD commits a separate violation of this chapter.

B.   In the event of any change in registration information or addition of new information that would have been required in the initial or subsequent registration other than a change of address or employment governed by Subsection C or D below, the registrant must notify APD and provide new valid information within three days of the time the new information becomes known or should be known by the registrant.

C.   A sex offender who is required to register under this chapter and elects to change the address of any place of lodging including but not limited to, a residence, extended-stay establishment or homeless shelter, must notify APD of the prospective change before the change occurs.

D.   A sex offender who is required to register under this chapter and changes his place of employment must notify APD 10 days before the voluntary change occurs or five days after the change is forced or compelled. Sex offenders must provide the name and telephone number of a new contact person within 10 days of the time new work begins.

E.   When a sex offender registers under this chapter, APD may take and retain his photograph and a set of fingerprints. Additionally, APD may record and retain the person's shoe size, a DNA sample, dental imprints and a description of tattoos, scars and other identifying features that would assist in identifying the sex offender, as determined by the APD. As an alternative, the APD may rely for DNA and other identifying information on data bases provided by the State of New York.

F.   Following the initial registration, registrants, except homeless adults, are required to annually renew the registration before December 31 of each subsequent calendar year for 20 years. Homeless adults residing from time to time in homeless shelters must verify registration data in writing every 90 days as long as they are in Town on a form provided by APD. Sex offenders who have been convicted of two or more sex offenses must register for life.

G.   If any person receives a deferred sentence from any court for a sex offense that would otherwise trigger registration under this chapter, that person must register as if convicted unless he obtains an order from a court of competent jurisdiction which, after an evidentiary hearing on the issue, rules that registration is not required on the grounds that registration would grossly prejudice his rights. If the charges are dismissed against the person at the completion of the deferred sentence, the person does not have to renew registration in subsequent registration years.

H.   Any sex offender currently incarcerated in a correctional institution and temporarily at large and free to move about in the Town is required to register under this chapter 10 days before each release date. This subsection includes but is not limited to persons on probation, parole, furlough, work release or any similar program that results in or causes the person to be outside the confines of the institution for any reason.

§ 163-6. Posting of information on Internet.

APD shall maintain a local registry of sex offenders registered under this chapter. The Town of Amherst will maintain a data base 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 Amherst will make available and disseminate sex offender registration information as authorized by New York law on the APD'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 APD's data base 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 Amherst 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."

§ 163-7. General provisions and offenses.

A.   Town contractors. All persons or entities that enter into contracts with the Town and employ any person that may be alone with a child within the scope of the performance of the contract shall conduct a background search of any and all such employees and compare the background search to any applicable registration information available on the APD's website and the sex offender hotline maintained by the State of New York. Any failure by the contractor to comply is a material breach of the contract and entitles the Town to terminate the contract. This subsection includes but is not limited to 501(C)(3) entities and charitable entities. Any person or entity to which this subsection applies shall notify APD immediately if that person or entity has or obtains any information about any registrant that does not conform with the information the registrant provided to the Town pursuant to this chapter.

B.   Address certification checks. APD may conduct address verification checks to substantiate that registrants are living where they claim to live. The check shall verify that the claimed address exists and that the registrant in fact lives at the claimed address. If APD is unable to verify the address, the registrant may be contacted by mail or otherwise and ordered to submit a sworn affidavit to APD that the registrant in fact lives at the claimed address. APD may contact and interview any person living or located near the claimed address. The provisions of this subsection are in addition to any other lawful investigation APD may undertake.

C.   Sex offender location. After the effective date of this chapter, sex offenders shall not newly occupy any real property, acquire any real property by lease or otherwise or establish a place of lodging within 1/4 of a mile of a school, day-care center, playground or park.

D.   Within five days from the effective date of this chapter, a sex offender employed by an employer located in the Town of Amherst shall notify his current employer that he is a registered sex offender. At the time a sex offender applies for or receives an offer of employment by an employer where the sex offender will be working substantially within the Town of Amherst, the sex offender shall notify the employer that he is a registered sex offender. All sex offenders shall provide the employer or prospective employer with the current conditions of probation in writing including, if applicable, any conditions of probation that require the sex offender to stay away from vulnerable populations or conditions the sex offender's contact with vulnerable populations.

§ 163-8. Liability of Town.

Nothing in this chapter creates or shall create a cause of action against the Town of Amherst 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.

§ 163-9. Penalties for offenses.

Each violation of this chapter by a sexual offender 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.

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