Village of Belgium, WI
Ozaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Belgium 2-14-2011 by Ord. No. 7-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 227, Sex Offender Residency Restrictions and Child Safety Zones, adopted 1-10-2011 by Ord. No. 4-11.

§ 227-1 Purpose and intent.

The Village finds and declares that sex offenders are a serious threat to public safety. Given the high rate of recidivism for sex offenders, the Village believes that in addition to the protections afforded by state law near schools, day care centers and other places children frequent, reducing opportunity and temptation is appropriate to minimizing the risk of reoffense to better protect children in these public places. This chapter is a regulatory measure aimed at protecting the health and safety of children in the Village of Belgium from the risk that convicted sex offenders may reoffend in locations close to their residences where children tend to congregate or be regularly present. It is the intent of this chapter not to impose a criminal penalty but rather to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of Village citizens by creating safety zones around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence and wherein access by certain sexual offenders and sexual predators shall be restricted and excluded.

§ 227-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CRIME AGAINST CHILDREN
Has the meaning of any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
§ 940.225(1) First-degree sexual assault;
§ 940.225(2) Second-degree sexual assault;
§ 940.225(3) Third-degree sexual assault;
§ 940.22(2) Sexual exploitation by therapist;
§ 940.30 False imprisonment; victim was a minor and not the offender's child;
§ 940.31 Kidnapping; victim vas a minor and not the offender's child;
§ 944.01 Rape (prior statute);
§ 944.06 Incest;
§ 944.10 Sexual intercourse with a child (prior statute);
§ 944.11 Indecent behavior with a child (prior statute);
§ 944.12 Enticing child for immoral purposes (prior statute);
§ 948.02(1) First-degree sexual assault of a child;
§ 948.02(2) Second-degree sexual assault of a child;
§ 948.025 Engaging in repeated acts of sexual assault of the same child;
§ 948.05 Sexual exploitation of a child;
§ 948.055 Causing a child to view or listen to sexual activity;
§ 948.06 Incest with a child;
§ 948.07 Child enticement;
§ 948.075 Use of a computer to facilitate a child sex crime;
§ 948.08 Soliciting a child for prostitution;
§ 948.095 Sexual assault of a student by instructional staff;
§ 948.11(2)(a) or (am) Exposing child to harmful material, felony sections;
§ 948.12 Possession of child pornography;
§ 948.13 Convicted child sex offender working with children;
§ 948.30 Abduction of another's child;
§ 971.17 Not guilty by reason of mental disease, of an included offense;
§ 975.06 Sex crimes law commitment.
FACILITY FOR CHILDREN
A public or private school; a group home, as defined in § 48.02(7), Wis. Stats.; a residential care center for children and youth, as defined in § 48.02(15d), Wis. Stats.; a shelter care facility, as defined in § 48.02(17), Wis. Stats.; a daycare center licensed under § 48.65, Wis. Stats.; a daycare provider certified under § 48.651, Wis. Stats.; or a youth center, as defined in § 961.01(22), Wis. Stats.
OFFENDER
A person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children.
PERMANENT RESIDENCE
The place where a person sleeps, abides, lodges or resides for 14 or more consecutive days or which qualifies as a residence under the holdings of the Wisconsin Supreme Court and which may include more than one location, and may be mobile or transitory.
RECREATIONAL TRAIL
All parts and segments of the Ozaukee Interurban Trail.
SEXUALLY VIOLENT OFFENSE
Has the meaning specified in § 980.01(6), Wis. Stats., as amended.
TEMPORARY RESIDENCE
A residence or premises meeting any of the following criteria:
A. 
A place where the person sleeps, abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not that person's permanent residence as defined in this section;
B. 
A place where the person routinely sleeps, abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not that person's permanent residence as defined in this section; or
C. 
A place where a person sleeps, or which qualifies as a temporary residence under the holdings of the Wisconsin Supreme Court, and which may include more than one location, and may be mobile or transitory.

§ 227-3 Residency restrictions.

A. 
No offender shall reside within 1,000 feet of real property that supports or upon which there exists any of the following uses:
(1) 
Public parks, park pathways, parkland, park facilities;
(2) 
Public swimming pools;
(3) 
Public libraries;
(4) 
Recreational trails;
(5) 
Public playgrounds;
(6) 
Schools for children;
(7) 
Athletic fields used by children;
(8) 
Daycare facilities;
(9) 
Specialized schools for children, including, but not limited to, a gymnastics academy, dance academy or music school;
(10) 
Aquatic facilities open to the public;
(11) 
Facilities for children's clubs, e.g., Boy Scout and Girl Scout Houses;
(12) 
Museums.
B. 
Measurement of distance. The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection A of this section.
C. 
Residency restriction exceptions. An offender residing within 1,000 feet of real property that supports or upon which there exists any of the uses enumerated in Subsection A of this section does not commit a violation of this chapter if any of the following apply:
(1) 
The offender is required to serve a sentence or is otherwise involuntarily required to reside in a jail, prison, juvenile facility, or other correctional institution or mental facility.
(2) 
The offender has established a residence prior to the effective date of this chapter.
(3) 
The use enumerated in Subsection A of this section began after the offender established a residence.
(4) 
The offender is a minor or ward under guardianship.
D. 
In addition to and notwithstanding the foregoing, but subject to Subsection C of this section, no person who has been convicted of a sexually violent offense and/or crime against children shall be permitted to reside in the Village of Belgium and no supervised release of such Wisconsin Statute Chapter 980 sexually violent person shall be established in the Village of Belgium unless such person had lived in the Village of Belgium at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.

§ 227-4 Loitering.

It is unlawful for any offender to loiter or prowl in the locations enumerated in § 227-3A in a place, at a time, or a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.

§ 227-5 Property owners prohibited from renting real property to offenders.

It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer or other conveyance with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer or other conveyance is located within 1,000 feet of real property that supports or upon which there exists any of the uses enumerated in § 227-3A.

§ 227-6 Density regulation.

In addition to and notwithstanding any other provisions of this chapter, but subject to § 227-3C, no offender shall be permitted to establish a permanent residence or temporary residence within 1,000 feet of a permanent residence or temporary residence of another offender in the Village. This restriction shall not apply to offenders who have established residence within 1,000 feet of another offender prior to the effective date of this chapter, but all existing offenders' residences shall be considered when calculating distance and determining residence availability for any offenders establishing a residence after the effective date of this chapter.

§ 227-7 Appeal.

The regulations of this chapter may be waived upon approval of the Village Board following appeal by the affected party. The appeal shall be made in writing to the Village Clerk, who shall forward the appeal to the Village Board. The Village Board shall provide the appellant a hearing, and the Village Board shall consider the appellant's presentation and concerns, the purpose and intent of this chapter, and the public interest. After deliberation, the Village Board shall issue a written decision, a copy of which shall be provided to the appellant.

§ 227-8 Violations and penalties; remedial action.

A. 
Forfeitures. Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $500 nor more than $1,000 together with the costs of prosecution for each such offense, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days. Each violation and each day a violation continues or occurs shall constitute a separate offense.
B. 
Injunction; violations of residence restrictions. If an offender establishes a permanent or temporary residence in violation of § 227-3, the Village Board may refer the matter to the Village Attorney. The referral shall include a written determination by the Village Board that, upon all of the facts and circumstances and the purpose and intent of this chapter, such violation interferes substantially with the comfortable enjoyment of life, health, safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in circuit court to permanently enjoin such residency as a public nuisance.