[HISTORY: Adopted by the Town Board of the Town of Saugerties 8-11-2008 by L.L. No.
2-2008 (Ch. 65, Art. VII, of the 1975 Municipal
Code). Amendments noted where applicable.]
It is the intent of this chapter to prohibit any convicted and
registered level three sex offender from residing within 500 feet
of any school bus stop in the Town of Saugerties. It is the intent
of the Town Board to do everything in its power to protect the lives
and safety of our children.
This chapter is enacted pursuant to the powers granted to the
Town by virtue of Article IX.2(c)(10) of the New York State Constitution.
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.
No owner of residential real estate shall 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.
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 is the subject of the
rental agreement or other tenancy may terminate the rental agreement
or other tenancy of the tenant and all other occupants.
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.
If a person described in § 193-3 of this chapter 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.
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 or 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.
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.
