[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.04, 9.05,
9.08 through 9.15, 9.18, 9.21 through 9.23, 9.35 and 10.09 of the
Municipal Code. Amendments noted where applicable.]
[Amended 12-8-2009 by Ord. No. 2421; 9-28-2021 by Ord. No. 2653]
For the purpose of this chapter, the definitions of words and
phrases contained in Chapters 939 to 948, Chapter 951 and § 990.01
of the Wisconsin Statutes, as the same may be from time to time amended,
are hereby adopted and by reference made a part hereof with the same
force and effect as if fully set forth herein.
[Amended 9-28-2021 by Ord. No. 2653]
In the sections and subsections of the Wisconsin Statutes, as enumerated in § 188-3:
A.
Whenever the word "crime" is used, it shall be replaced with the
word "offense."
B.
When the phrase "criminal intent" is used, it shall be replaced with
word "intent."
C.
Whenever the phrase "criminally reckless" is used, it shall be replaced
with the word "reckless."
D.
Whenever the phrase "criminally negligent" is used, it shall be replaced
with the word "negligent."
E.
Whenever the term "court" is used, it shall be interpreted to mean
the New Berlin Municipal Court.
F.
Whenever the phrase "District Attorney" is used, it shall be replaced
with "City Attorney."
[Amended 9-28-2021 by Ord. No. 2653]
A.
Except as otherwise specifically provided in this chapter, the Wisconsin
state statutory provisions enumerated below, which describe, define
and prohibit certain conduct, exclusive of any provisions therein
relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a fine or term of imprisonment,
are hereby adopted and by reference made a part of this section as
if fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this section in order to secure uniform regulation of such laws.
(1)
Chapter 941, Wis. Stats.
(2)
Chapter 942, Wis. Stats.
(3)
Chapter 943, Wis. Stats.
(4)
Chapter 944, Wis. Stats.
(5)
Chapter 945, Wis. Stats.
(6)
Chapter 946, Wis. Stats.
(7)
Chapter 947, Wis. Stats.
(8)
Chapter 948, Wis. Stats.
(9)
Chapter 951, Wis. Stats.
(10)
Section 252.25, Wis. Stats.
(11)
Section 323.28, Wis. Stats.
(12)
Section 450.11, Wis. Stats.
(13)
Sections 940.19 through 949.24, Wis. Stats.
(14)
Section 961.41, Wis. Stats.
(15)
Section 961.43, Wis. Stats.
(16)
Sections 961.571 through 961.577, Wis. Stats.
B.
All citations issued for violations of this section shall include
the numbered statutory section designation preceded by the prefix
"188-3."
C.
Marijuana offenses. Subject to the exceptions set forth in § 961.41(3g),
Wis. Stats., and pursuant to authority under § 66.0107(1)(bm),
Wis. Stats., a police officer may issue a citation for possession
of marijuana. A police officer may issue a citation for possession
of more than 25 grams of marijuana or possession of any amount of
marijuana following a conviction in this state under Ch. 961, Wis.
Stats., provided the district attorney has dismissed charges for the
same conduct or declined to prosecute such case.
D.
Synthetic cannabinoids offenses. Pursuant to the authority in § 66.0101(1)(bn),
Wis. Stats., a police officer may issue a citation for possession
of a controlled substance specified in § 961.14(tb), Wis.
Stats., provided that a person previously convicted in this state
under Ch. 961, Wis. Stats., may not be prosecuted under this section
for the same conduct unless the district attorney has dismissed the
charges or declined to prosecute such case.
[Amended 9-28-2021 by Ord. No. 2653]
A.
Solicitation. Whoever, with intent that an offense be committed,
advises another to commit that offense under circumstances which indicate
unequivocally that the person has such intent shall forfeit an amount
not to exceed the maximum provided for the completed offense.
B.
Conspiracy. Whoever, with intent that an offense under this section
be committed, agrees or combines with another for the purpose of committing
that offense shall, if one or more of the parties to the conspiracy
does an act to effect its object, forfeit an amount not to exceed
the maximum provided for the completed offense.
C.
Attempt. An attempt to commit an offense requires the actor have
an intent to perform acts and attain a result, which, if accomplished,
would constitute such offense and that the person does act toward
the commission of the offense which demonstrates, under all the circumstances,
that the person formed an intent and would commit the offense, except
for the intervention of another person or some other extraneous factor.
Whoever attempts to commit an offense under this section shall forfeit
an amount not to exceed the maximum provided for the completed offense.
[Amended 9-28-2021 by Ord. No. 2653]
Whoever is concerned in the commission of an act prohibited by Chapter 188 of the New Berlin Municipal Code is a principal and may be charged with and convicted of the commission of said act although the person did not directly commit it and although the person who directly committed it has not yet been convicted of some other act prohibited by these ordinances. A person is concerned in the commission of an act prohibited by these ordinances if he or she:
A.
Directly commits the act; or
B.
Intentionally aids and abets the commission of it; or
C.
Is a party to a conspiracy with another to commit it or advises,
hires, counsels, or otherwise procures another to commit it. Such
party is also concerned in the commission of any other act which is
committed in pursuance of the intended violation and which, under
the circumstances, is the natural and probable consequence of the
intended violation. This subsection does not apply to a person who
voluntarily changes their mind and no longer desires that the act
be committed and notifies the other parties concerned of their withdrawal.
The withdrawal needs to be within a reasonable time before the commission
of the violation so to allow the others to also withdraw.
A.
Loitering or prowling. No person shall loiter or prowl
in a place, at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or
property in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
person takes flight upon appearance of a police or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
makes it impracticable, a police or peace officer shall prior to any
arrest for an offense under this section afford the person an opportunity
to dispel any alarm which would otherwise be warranted, by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this subsection if the police
or peace officer did not comply with the preceding sentence, or if
it appears at trial that the explanation given by the person was true
and, if believed by the police or peace officer at the time, would
have dispelled the alarm.
B.
Obstruction of highway by loitering. No person shall
obstruct any street, bridge, sidewalk or crossing by lounging or loitering
in or upon the same after being requested to move on by any police
officer.
C.
Obstruction of traffic by loitering. No person shall
loaf or loiter in groups or crowds upon the public streets, alleys,
sidewalks, street crossings or bridges or in any other public place
within the City in such manner as to prevent, interfere with or obstruct
the ordinary free use of such public streets, sidewalks, streets,
street crossings and bridges or other public places by persons passing
along and over the same.
D.
Loitering after being requested to move. No person
shall loaf or loiter in groups or crowds upon the public streets,
sidewalks or adjacent doorways or entrances, street crossings or bridges
or in any other public place or on any private premises without invitation
from the owner or occupant, after being requested to move by any police
officer or by any person in authority at such places.
E.
Loitering in public places. No person shall loiter,
lounge or loaf in or about any depot, theater, dance hall, restaurant,
store, public sidewalk, public parking lot or other place of assembly
or public use after being requested to move by any police officer.
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
[1]
Editor's Note: Former § 188-7, Indecent conduct
and language, was repealed 9-28-2021 by Ord. No. 2653.
A.
HARMFUL TO MINORS
(1)
(2)
(3)
KNOWINGLY
(1)
(2)
MINOR
NUDITY
SEXUAL CONDUCT
SEXUAL CONTENT
SEXUAL EXCITEMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
That quality, of any description or representation, in whatever
form of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, and which:
When taken as a whole, the average person, applying
contemporary community standards, would find appeals to the prurient
or morbid interest of minors.
Depicts or describes nudity, sexual conduct,
sexual excitement or sadomasochistic abuse, in a patently offensive
way, with respect to what is suitable material for minors.
When taken as a whole, lacks serious literary,
artistic, political or scientific value for minors.
Having general knowledge of, or reason to know, or belief
or grounds for belief which warrants further inspection or inquiry,
or both, with respect to:
The character and content of any material described
herein which is reasonably susceptible of examination by the defendant.
The age of a minor, provided however that an
honest mistake shall constitute an excuse from liability hereunder
if the defendant made a reasonable bona fide attempt to ascertain
the true age of such minor.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or the breast of a female.
Includes poses or presentations of a person or persons over
the age of puberty depicted in such a manner as to appeal to the lust
of minors; or, such pose or presentation of a person or persons when
shown in such posture or manner that the viewer's attention or concentration
is primarily focused on that person's or persons' genitals, pubic
area, buttocks or female breasts and which would appeal to the lust
of minors or to their curiosity as to sex or to the anatomical differences
between the sexes and which are to be distinguished from the objective
and actual presentation of the facts, causes, functions or purposes
of the subject of the writing or presentation such as to be found
in a bona fide medical or biological textbook.
[Amended 6-19-2001 by Ord. No. 2142]
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
B.
Prohibitions.
(1)
No person shall knowingly sell, give away, display
or permit to be displayed to a minor:
(a)
Any picture, photograph, drawing, sculpture, motion picture, film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct as defined above in Subsection A in the definitions of "sexual conduct" and "sexual content."
(b)
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection B(1)(a) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement or sexual conduct or content, and which, taken as a whole, are harmful to minors.
(2)
No person shall have in his possession with intent
to transfer or exhibit to a person under the age of 18 years any matter
prohibited by this section.
C.
Exceptions.
The exceptions to this section for libraries and educational institutions,
as set forth in § 948.11(4), Wis. Stats., are incorporated
herein by reference.
[Added 9-28-2021 by Ord. No. 2653]
No person shall, within the City, display any
indecent advertisement.
A.
DISSEMINATE
KNOWINGLY
MINOR
PERSON
VIEWER-DISCRETION-LABELED MATERIAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
To transfer possession of, with or without consideration.
Being aware of the character and content of the material.
Any person under the age of 18 years.
Any individual, partnership, firm, association, corporation,
or other legal entity.
Any book, magazine, newspaper, or other printed or written
material, or any picture, drawing, video, photograph, motion picture
or other pictorial representation, or any recording, that is labeled
"viewer discretion," "viewer discretion advised," or any deviation
thereof.
B.
Dissemination restricted. No person shall knowingly
disseminate viewer-discretion-labeled material by placing or leaving
such material on or about any private residence in the City, unless
such viewer-discretion-labeled material is personally delivered in
hand to a person of at least 18 years of age from the private residence
without objection. If no one 18 years of age or older is on said premises
to accept such material, written notification of where the viewer
discretion-labeled-material may be obtained by someone 18 years of
age or older may be left.
C.
Exception. This section shall not apply to viewer-discretion-labeled
material that is specifically addressed to a member of the residence
over the age of 18 years.
[1]
Editor's Note: Former § 188-11, Destruction of property,
§ 188-12, Trespass to land, and § 188-13, Theft
of property, were repealed 9-28-2021 by Ord. No. 2653.
No person shall open or transport open containers
of fermented malt beverages or intoxicating liquor in any motor vehicle
upon any public highway, and the driver of any motor vehicle shall
require any person in the motor vehicle to comply with this section
and shall be guilty of a violation if any person does not comply.
[1]
Editor's Note: Former § 188-15, Fraud on restaurant
owner, innkeeper or service station operator, was repealed 9-28-2021 by Ord. No. 2653.
B.
In addition to any penalty imposed for violation of
this chapter, any person who shall cause physical damage to or destroy
any public property shall be liable for the costs of replacing or
repairing such damaged or destroyed property. The parent or parents
of any unemancipated minor child who violates any section of this
chapter may also be held liable for the cost of repairing such damaged
or destroyed property in accordance with § 895.035, Wis.
Stats.
[Amended 9-28-2021 by Ord. No. 2653]
A.
Findings and intent.
(1)
The Wisconsin legislature has provided for the punishment, treatment
and supervision of persons convicted or otherwise responsible for
sex crimes against children, including their release into the community.
Indeed, Chapter 980 of the Wisconsin Statutes provides for the civil
commitment of sexually violent persons. The purpose of this section
is to protect the public, to reduce the likelihood that convicted
sex offenders will engage in such conduct in the future.
(2)
The United States Supreme Court has recognized that the risk of recidivism
posed by sex offenders is high, and 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. See Smith v. Doe.
538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed. 2d 164 (2003) and McKune v.
Lile, 536 U.S. 24, 34, 122 S.Ct. 2017, 153 L.Ed.2d 47 (2002), citing
United States Department of Justice Bureau of Justice Statistics,
Sex Offenses and Offenders, 27 (1997) U.S. Department of Justice Bureau
of Justice Statistics Recidivism of Prisoners Released in 1983 (1997).
(3)
The Common Council has reviewed research on sex offenders, including
the findings of a number of states across the United States, including,
but not limited to Florida, Georgia, Alabama, Iowa and California
as they pertain to laws adopted and which relate to imposing restrictions
on sex offenders with respect to residency; and in addition, the United
States Court of Appeals for the 8th Circuit Decision on Doe v. Miller,
405 F.3d 700, 716 (8th Cir. 2005) providing, in part, "The record
does not support a conclusion that the Iowa General Assembly and the
Governor acted based merely on negative attitudes toward or fear of,
or a bare desire to harm a politically unpopular group (citations
omitted). Sex offenders have a high rate of recidivism, and the parties
presented expert testimony that reducing opportunity and temptation
is important to minimizing the risk of reoffense. Even experts in
the field could not predict with confidence whether a particular sex
offender will reoffend, whether an offender convicted of an offense
against a teenager will be among those who 'cross over' to offend
against a younger child, or the degree to which regular proximity
to a place where children are located enhances the risk of reoffense
against children. One expert in the District Court opined that it
is just 'common sense' that limiting the frequency of contact between
sex offenders and areas where children are located is likely to reduce
the risk of an offense (citations omitted). The policymakers of Iowa
are entitled to employ such 'common sense' and we are not persuaded
that the means selected to pursue the State's legitimate interest
are without rational basis."
(4)
The Common Council finds that the negative consequences of failing
to regulate the movement of sex offenders is a hazard to children
and the community. Thus, the Common Council has a duty and need to
regulate where sex offenders reside and loiter within the City once
they are reintegrated into the community. This section is a regulatory
measure aimed at protecting the health and safety of the children
in the City of New Berlin from the risk that convicted sex offenders
may reoffend in locations close to their residences. It is the intent
of this section not to impose a criminal penalty but rather 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 residence or loitering; and by regulating
certain activities that may be used by sexual offenders to prey on
children.
(5)
The City finds and declares that sex offenders are a serious threat
to public safety. 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. 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, day-care
centers and other places children frequent. The City finds and declares
that in addition to schools and day-care centers, children congregate
or play at public parks and other child safety locations as defined
hereunder.
(6)
The Common Council notes that § 61.34, Wis. Stats., authorizes
the Common Council to enact legislation for the health, safety and
welfare of the public. In addition, § 61.34(5), Wis. Stats.,
notes that the powers, rights and privileges accorded villages under
said chapter are to be liberally construed in order to promote the
general welfare, peace, good order and prosperity of the City.
(7)
This section will not apply to sexually violent persons, as defined
in § 980.01(7), Wis. Stats., because these persons are controlled
under the regulations of § 980, Wis. Stats.
B.
CHILD
CHILD SAFETY LOCATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
CHILD SAFETY ZONE
DESIGNATED OFFENDER
MINOR
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
SEXUALLY VIOLENT OFFENSE
Definitions. As used in this chapter and unless the context otherwise
requires, the following terms shall have the meanings indicated:
A person under the age of 18.
The site upon which any of the following are located:
A public park, parkway, parkland, park facility;
The Community Center;
The Hickory Grove Center;
A public library;
A recreational trail;
A public playground;
A school for children;
Athletic fields used by children;
A day-care center;
A tutoring facility;
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
Any facility for children (which means a public or private school
or 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 treatment foster home, as defined in § 48.02(17q),
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.); and
For-profit children's play facilities.
Any place within the City that is physically located within
500 feet of any child safety location.
[Amended 6-28-2017 by Ord. No. 2589][1]
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense against a child or any person
who is required to register under § 301.45, Wis. Stats.,
and who has been designated special bulletin notification (SBN) sex
offender pursuant to § 301.46(2) and (2m), Wis. Stats.
[Added 6-28-2017 by Ord.
No. 2589]
A person under the age of 17.
[Added 6-28-2017 by Ord.
No. 2589]
A place where a person abides, lodges or resides for 14 or
more consecutive days.
[Added 6-28-2017 by Ord.
No. 2589]
A place where a 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 place where the person routinely
abides, lodges or resides for a period of 14 or more consecutive or
nonconsecutive days in any month and which is not the person's permanent
residence.
[Added 6-28-2017 by Ord.
No. 2589]
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
[1]
Editor’s Note: The former definitions of “crime
against children,” “residence,” and “sex offender,”
which immediately followed this definition, were repealed 6-28-2017
by Ord. No. 2589.
C.
Residency restrictions.
[Amended 6-28-2017 by Ord. No. 2589]
(1)
Child safety zone restriction. Subject to the definitions in § 188-17B, above, and the exceptions set forth in § 188-17D, below, it is unlawful for a designated offender to establish a permanent residence or a temporary residence within a child safety zone or any other place designated by the City as a place where children are known to congregate.
(2)
Measurement of distance. For purposes of determining the minimum
distance separation, the restriction shall be measured by following
a straight line from the outer property line of the permanent residence
or temporary residence to the nearest outer property line of a school,
licensed daycare center, park, trail, playground, place of worship
or any other place designated by the City where children are known
to congregate. The City Clerk shall maintain an official map showing
prohibited locations as defined by this section. The Clerk shall update
the map at least annually to reflect any changes in the location of
prohibited zones. These shall be designated on the map as child safety
zones.
D.
Residency restriction exemptions.
[Amended 6-28-2017 by Ord. No. 2589]
(1)
A designated offender residing within a prohibited area, as described
above, does not commit a violation of this section if any of the following
apply:
(a)
The person established the permanent residence or temporary
residence before June 28, 2017, and reported and registered the residence
pursuant to § 301.45, Wis. Stats.
[Amended 11-13-2018 by Ord. No. 2612]
(b)
The person is a minor and is not required to register under
§ 301.45 or § 301.46, Wis. Stats.
(c)
The school, licensed daycare center, park, trail, playground,
place of worship or any other place designated by the City as a place
where children are known to congregate within 500 feet of the person's
permanent or temporary residence was opened after the person established
the permanent residence or temporary residence and registered the
residence pursuant to § 301.45, Wis. Stats.
E.
Renting real property. No person shall let or rent any place, structure,
or part thereof, trailer, or other conveyance, with the knowledge
that it will be used as a permanent or temporary residence by a person
prohibited from establishing such permanent or temporary residence
pursuant to this section if such place, structure or part thereof,
or trailer or other locale is located within a prohibited child safety
zone as described hereunder.
[Amended 6-28-2017 by Ord. No. 2589]
F.
Holiday events and public gatherings:
[Amended 6-28-2017 by Ord. No. 2589]
(1)
It is unlawful for a designated offender to actively take part in
any public holiday event involving children where the distributing
of candy or other items to children takes place, including but not
limited to holiday parades or similar gatherings, Halloween trick-or-treating,
wearing a seasonable costume in a public place, or wearing any other
costume reasonably expected to attract children in a public place,
or other similar activities that may, under the circumstances then
present, tend to entice a child to have contact with a designated
offender.
(2)
Exception. This section does not apply to any event in which the
designated offender is the parent or guardian of the child(ren) involved,
and the designated offender's child(ren) are the only child(ren) present.
G.
Loitering.
[Amended 6-28-2017 by Ord. No. 2589]
(1)
It shall be unlawful for any designated offender as defined in Subsection B, above, to loiter or prowl within 500 feet of any school or school property, recreational trail, playground or park, any specialized school for children, including, but not limited to, gymnastics academy, martial arts academy, dance academy, music school, public beach or public library in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of children in the vicinity.
(2)
Unless flight by an actor or other circumstances makes it impractical,
a law enforcement 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 himself or herself or explain his or her presence and
conduct at the aforementioned locations. No person shall be convicted
of an offense under this section if the law enforcement 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 law enforcement at the time, would have dispelled the alarm.
(3)
An offender does not commit a violation of loitering in a child safety
zone as stated above, and the enumerated uses may allow such person
on the property supporting such use, if any of the following apply:
(a)
The property supporting an enumerated use also supports a church,
synagogue, mosque, temple or other house of religious worship (collectively
"church"), subject to the following conditions:
[1]
Entrance and presence upon the property occurs only during hours
of worship or other religious program/service as posted to the public;
and
[2]
Written advance notice is made from the person to an individual
in charge of the church, and approval from an individual in charge
of the church as designated by the church is made in return, of the
attendance by the person; and
[3]
The person shall not participate in any religious education
programs, which include individuals under the age of 18.
(b)
The property supporting an enumerated use also supports a use
lawfully attended by a person's natural or adopted child(ren), which
child's use reasonably requires the attendance of the person as the
child's parent upon the property, subject to the following conditions:
[1]
Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
[2]
Written advance notice is made from the person to an individual
in charge of the use upon the property, and approval from an individual
in charge of the use upon the property as designated by the owner
of the use upon the property is made in return, of the attendance
by the person.
(c)
The property supporting an enumerated use also supports a polling
location in a local, state or federal election, subject to the following
conditions:
[1]
The person is eligible to vote; and
[2]
The designated polling place for the person is an enumerated
use; and
[3]
The person enters the polling place property and proceeds to
cast a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the person vacates the property
immediately after voting; and
[4]
The property supporting an enumerated use also supports an elementary
or secondary school lawfully attended by a person as a student, under
which circumstances the person who is a student may enter upon that
property supporting the school at which the person is enrolled, as
is reasonably required for the educational purposes of the school.
H.
Child safety zone map. The City Clerk's Office shall maintain an
official map showing the child safety zones within the City. The City
Clerk's Office shall update the map at least annually to reflect any
changes in the location of child safety zones. The map is to be displayed
in the office of the City Clerk. In the event of a conflict, the terms
of this section shall control. In no event shall a failure to update
the map in compliance with this section preclude the persecution or
conviction of any sex offender under this section.
I.
Violations and penalties. If a person violates Subsection C, above, by establishing a residence or occupying residential premises within 500 feet of those premises as described therein, without any exception(s) as also set forth above, the City Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances and the purpose of this section such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health or safety of another or others, shall bring an action in the name of the City in the Circuit Court for Waukesha County to permanently enjoin such residency as a public nuisance. If a person violates Subsections C and G, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-18 of the Municipal Code. Each day a violation continues shall constitute a separate offense. In addition, the City may undertake all other legal and equitable remedies to prevent or remove a violation of this section.
[Amended 6-28-2017 by Ord. No. 2589]
J.
Sex Offender Residency Appeal Board.
[Added 6-28-2017 by Ord.
No. 2589]
(1)
The above requirements of this section may be waived upon approval
of the Sex Offender Residency Appeal Board through an appeal made
by the affected party. Such appeal shall be made to the City Clerk's
office, who shall forward the request to the Sex Offender Residency
Appeal Board, which shall receive reports from the Police Department
as to the criminal background of the applicant and the nature and
circumstances of the underlying offense requiring the registration
under § 301.45 or § 301.46, Wis. Stats. The Board
shall convene and shall hear from the applicant, as well as the Police
Department or others who would be affected by this decision. The Board
shall consider the amount of time which has passed since the original
offense was committed; whether there has been evidence of any reoffense;
whether the applicant is employed and the duration of that employment;
whether the applicant has shown remorse; whether there has been evidence
of rehabilitation; and finally, any factors that would suggest a likelihood
of reoffense.
(2)
The Sex Offender Residency Appeal Board shall consist of five City
residents appointed by the Mayor of the City and ratified by the Common
Council. The members of the Sex Offender Residency Appeal Board shall
serve in staggered, three-year terms with the initial Board having
two members with three-year terms; two members with two-year terms;
and a single member with a one-year term. The Chief of Police will
act as a resource to the Appeals Board and will attend its meetings.
[Amended 3-23-2021 by Ord. No. 2648]
The use of electrical service on City of New Berlin property, including public rights-of-way, parks, public works and utility facilities, public safety facilities is strictly prohibited without the express written permission of the City of New Berlin. Said permission may only be granted as part of a special event permit, park facility use permit or written authorization from the City. The use of City electrical service without said permission shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 or this Code.
