[Amended 8-16-2012 by Ord. No. 2012-8-1; 8-15-2013 by Ord. No. 2013-8-2; 2-28-2019 by Ord. No. 2019-02-03]
A.
Purpose. This section is a regulatory measure aimed at protecting
the health and safety of children in Richfield from the risk that
certain convicted sex offenders may reoffend in locations close to
their residences. The Village finds and declares that certain sex
offenders are a serious threat to public safety.
(1)
When convicted sex offenders reenter society, they are much more
likely than any other type of offender to be rearrested for a new
rape or sexual assault.
(2)
Given the high rate of recidivism for sex offenders and that reducing
opportunity and temptation is important to minimizing the risk of
reoffense, there is a need to protect children where they congregate
or play in public places in addition to the protections afforded by
state law near schools and day-care centers. The Village finds and
declares that, in addition to schools and day-care centers, children
congregate or play at public parks, swimming pools, libraries, recreational
trails, athletic fields, and playgrounds.
(3)
The Village Board has closely considered this question and has made
numerous findings and expressions of intent within the preamble to
the ordinance which adopts this Code section which are incorporated
herein by reference.[1]
[1]
Editor's Note: The ordinance, including preamble, is
on file in the Village offices.
B.
OFFENDER
(1)
(2)
(3)
ORIGINAL DOMICILE
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
(1)
(2)
Definitions. As used in this section and unless the context otherwise
requires, the following terms shall have the meanings indicated:
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
is subject to the Special Bulletin Notification process set forth
in § 301.46(2) and (2m), Wis. Stats.;
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
The offender's true, fixed and permanent home, to which
the offender intends to return and remain even though currently residing
elsewhere.
The place where an offender abides, lodges, or resides for
14 or more consecutive days.
The 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 residence; or
The 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.
C.
Residency restrictions.
(1)
An offender shall not establish a permanent residence or temporary
residence in any location on a parcel of land which, in whole or in
part, is within 1,500 feet of the real property comprising any of
the following:
(a)
Any facility for children [which means 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 foster home, as defined in § 48.02(6), Wis.
Stats., a day-care center licensed under § 48.65, Wis. Stats.,
a day-care program established under § 120.13(14), Wis.
Stats., a day-care provider certified under § 48.651, Wis.
Stats., or a youth center, as defined in § 961.01(22), Wis.
Stats.];
(b)
Any facility used for:
[1]
A public park, parkway, parkland, or park facility.
[2]
A public swimming pool.
[3]
A public library.
[4]
A recreational trail.
[5]
A public playground.
[6]
A school for children.
[7]
Athletic fields used by children.
[8]
A day-care center.
[9]
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy or music school.
[10]
Aquatic facilities open to the public.
(2)
The distance shall be measured in a straight line from the closest boundary line of the real property supporting the residence of an offender to the closest real property boundary line of the applicable use(s) enumerated in Subsection C(1), above. A map depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time to time, is on file in the office of the Village Clerk for public inspection.
D.
Residency restrictions exceptions. An offender does not commit a violation of Subsection C if any of the following apply:
(1)
The person established the permanent residence prior to the date
of the violation that resulted in a conviction as an offender.
(2)
The person established the permanent residence or temporary residence
and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before the effective date of the relevant requirement
of this section.
(3)
The person is a minor and is not required to register under § 301.45
or 301.46, Wis. Stats.
(4)
The facility described in Subsection C above was opened after the person established the permanent residence or temporary residence and the person reported and registered the residence pursuant to § 301.45, Wis. Stats.
(5)
The residence is also the primary residence of the person's
parents, grandparents, siblings, spouse, or the person's child
or children, provided that such parent, grandparent, sibling, spouse
or child established the residence at least two years before the offender
established the residence at the location. For purposes of this subsection,
the person's "child" and/or "children" refers to the biological
or adopted relationship with the person without regard to the age
of the child or children, provided that such relationship existed
prior to the date of the violation which resulted in a conviction
as an offender.
F.
Petition for exemption.
(1)
An offender may seek an exemption from this article by petitioning
to the Sex Offender Residence Board ("Residence Board").
(2)
The Residence Board shall consist of three citizens residing in the
Village. Members shall be selected by the Village Board. Members shall
serve for a term of five years and shall serve no more than two full
consecutive terms. The terms for the initial members of the Residence
Board shall be staggered with one member serving one year, a second
serving three years and the third serving five years.
(3)
The Residence Board shall approve an official petition form. The
offender seeking an exemption must complete the petition and submit
it to the Village Clerk who shall forward it to the Residence Board.
The Residence Board shall hold a hearing on each petition, during
which the Residence Board may review any pertinent information and
accept oral or written statements from any person. The Residence Board
shall base its decision on factors related to the Village's interest
in promoting, protecting, and improving the health, safety and welfare
of the community. Applicable factors for the Residence Board's
consideration shall include, but are not limited to:
(a)
Nature of the offense that resulted in sex offender status.
(b)
Date of offense.
(c)
Age at time of offense.
(d)
Recommendation of probation or parole officer.
(e)
Recommendation of Police Department.
(f)
Recommendation of any treating practitioner.
(g)
Counseling, treatment and rehabilitation status of sex offender.
(h)
Remorse of sex offender.
(i)
Duration of time since sex offender's incarceration.
(j)
Support network of sex offender.
(k)
Relationship of sex offender and victim(s).
(l)
Presence or use of force in offense(s).
(m)
Adherence to terms of probation or parole.
(n)
Proposals for safety assurances of sex offender.
(o)
Conditions to be placed on any exception from the requirements
of this article.
(4)
The Residence Board shall decide by majority vote whether to grant
or deny an exemption. An exemption may be unconditional or limited
to a certain address or time. The Residence Board's decision
shall be final for purposes of appeal. A written copy of the decision
shall be provided to the offender.
G.
Exception for placements under Chapter 980, Wis. Stats. To the extent
required by § 980.135, Wis. Stats., and notwithstanding
the foregoing provisions of this chapter, the Village of Richfield
hereby exempts and may not enforce any portion thereof that restricts
or prohibits an offender from residing at a certain location or that
restricts or prohibits a person from providing housing to an offender
against an individual who is released under § 980.08, Wis.
Stats., or against a person who provides housing to such individual,
so long as the individual is subject to supervised release under Chapter
980, Wis. Stats., the individual is residing where he or she is ordered
to reside under § 980.08, Wis. Stats., and the individual
is in compliance with all court orders issued under Chapter 980, Wis.
Stats.
[Amended 2-21-2013 by Ord. No. 2013-01-01]
A.
CHILD SAFETY ZONE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any real property upon which there exists any facility
used for or which supports a use of:[1]
A public park, parkway, parkland, or park facility;
A public swimming pool;
A public library;
A recreational trail;
A public playground;
A school for children;
Athletic fields used by children;
A day-care center;
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy or music school;
Aquatic facilities open to the public; and
Any facility for children [which means 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 foster home, as defined in § 48.02(6), Wis.
Stats., a day-care center licensed under § 48.65, Wis. Stats.,
a day-care program established under § 120.13(14), Wis.
Stats., a day-care provider certified under § 48.651, Wis.
Stats., or a youth center, as defined in § 961.01(22), Wis.
Stats.].
B.
Prohibition. It shall be unlawful for any offender as defined in § 275-24B to enter into, congregate, loiter, wander, stroll, stand, or play in or near a child safety zone under circumstances that warrant alarm for the safety of persons in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a law enforcement or peace officer, refuses to identify him or herself or manifestly endeavors to conceal him or herself or any object. Unless flight by the actor or other circumstances make it impracticable, a law enforcement or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify him or herself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the law enforcement or peace officer at the time, would have dispelled the alarm.[2]
C.
Other
prohibited activity. It is unlawful for any offender to participate
in a holiday event in the Village of Richfield involving one or more
child by means of: distributing candy or other items to such child
or children in relation to Halloween; wearing a Santa Claus costume
in relation to Christmas; wearing an Easter Bunny costume in relation
to Easter; or by engaging in other similar type(s) of activity that
may, under the circumstances then present, tend to entice a child
to have contact with an offender. Holiday events in which the offender
is the parent or legal guardian of the child or children involved,
and no other children are present, are exempt from this subsection.
