[HISTORY: Adopted by the Village Board of the Village of
Argyle 5-4-2022 by Ord. No. 6-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 340, but
was renumbered to maintain the organizational structure of the Code.
The Village of Argyle 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 sexually based crime. Given the
high rate of recidivism for sex offenders, and that reducing opportunity
and temptation is important to minimizing the risk of re-offense,
there is a need to protect children where they congregate or play
in public places in addition to the protections afforded by state
law. The Village finds and declares that, in addition to schools and
day cares, children congregate or play in a number of public places,
including public parks and other facilities for children. It is the
intent of this chapter to serve the Village's compelling interest
to promote, protect, and improve the health, safety, and welfare of
Village citizens by creating areas around locations where children
regularly congregate in concentrated numbers wherein certain sexual
offenders are prohibited from entering or establishing residency.
As used in this chapter, the following terms shall have the
meanings indicated:
A person(s) under the age of 18 years for the purpose of
this chapter.
Any real property that supports or upon which there exists
any facility used for or that supports a school for children, a public
park, park facility, pathway or a day care.
A person under the age of 17 years.
A place where a person sleeps, abides, lodges, or resides
either on a permanent or temporary basis. For purposes of this chapter,
a "permanent residence" means a place where the person sleeps, abides,
lodges, or resides for 14 or more consecutive days, and a "temporary
residence" means a place that is not a permanent residence and is
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 or four
or more days in any month. A residence may be mobile or transitory.
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.
B.
The distance shall be measured in a straight line from the closest boundary line of the real property supporting the residence of a sex 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 above.
C.
Residency restriction exceptions. A sex offender residing within 1,000 feet of any real property that supports or upon which there exists any of the uses enumerated in Subsection A above does not commit a violation of this chapter if any of the following apply:
(1)
The sex offender established, reported and registered a residence
pursuant to § 301.45, Wis. Stats., prior to the effective
date of this chapter.
(2)
The use enumerated in Subsection A above is commenced after the sex offender established a residence and reported and registered that residence pursuant to § 301.45, Wis. Stats.
(3)
The sex offender is a minor who was not convicted in adult court
or ward under guardianship.
It is unlawful for any designated sex offender to participate
in a holiday event in the Village of Argyle involving one or more
children by means of distributing candy or other items to such child
or children on Halloween; wearing a Santa Claus costume on or during
any of the 30 days preceding Christmas; wearing an Easter Bunny costume
on or during any of the 30 days preceding Easter; or by engaging in
any other similar type(s) of activity that may, under the circumstances
then present, tend to entice a child to have contact with a designated
sex offender. Holiday events in which the designated sex offender
is the parent or legal guardian of the child or children involved,
and no other children are present, are exempt from this section.
A.
A sex offender shall not enter upon or be present upon or within a safety zone, subject to the exceptions shown in Subsection B, below.
B.
Safety zone exceptions. A sex offender who enters upon or who is
present upon or within a safety zone does not commit a violation of
this chapter if any of the following apply:
(1)
The property also supports a church, synagogue, mosque, temple or
other house of religious worship, subject to all of the following
conditions:
(2)
The property also supports a use lawfully attended by a sex offender's
natural or adopted child(ren), which child's use reasonably requires
the attendance of the sex offender as the child's parent upon
the property, subject to the following condition:
(a)
The sex offender's entrance and presence upon the property
occurs only during hours of activity related to the use as posted
to the public.
(3)
The property also supports a polling location in a local, state or
federal election, subject to all of the following conditions:
(a)
The sex offender is eligible to vote;
(b)
The property is the designated polling place for the sex offender;
and
(c)
The sex offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is to
any member of the electorate, and vacates the property immediately
after voting.
(4)
The property also supports a school lawfully attended by a sex offender
as a student, under which circumstances the sex offender may enter
upon the property supporting the school at which the sex offender
is enrolled, for such purposes and at such times as are reasonably
required for the educational purposes of the school.
(5)
The property also supports a court, government office or room for
public governmental meetings, subject to all of the following conditions:
A.
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 resident 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 any prohibited location, which is not currently rented to a designated offender as of the effective date of this Chapter 516.
B.
A person letting or renting a place, structure, or part thereof, manufactured home, trailer, or other conveyance as described in Subsection A hereof shall be deemed to have such knowledge if, at least 10 days prior to letting or renting the place, the sex offender's name appears on the Wisconsin Department of Corrections sex offender registry or the person letting or renting to the sex offender receives notice from any law enforcement agency at least 10 days' prior to letting or renting the property that the person is a sex offender.
Consistent with state requirements, the state agency working
with the sex offender must notify the Chief of Police a minimum of
28 days' prior to establishing either a permanent residence or
temporary residence within the Village of Argyle.
A.
Forfeitures. Any person who shall violate any provision of this chapter
or any regulation, rule or order made herein shall be subject to a
forfeiture not exceeding $1,000. Each day a violation continues shall
constitute a separate offense. Neither the issuance of a citation
nor the imposition of forfeiture hereunder shall preclude the Village
from seeking or obtaining any or all other legal and equitable remedies
to prevent or remove a violation of this chapter.
B.
Injunction. If an offender establishes a residence in violation of § 516-3 above, or enters or is present upon or within a safety zone in violation of § 516-5 above, the Village Attorney may bring an action in the name of the Village in Circuit Court to permanently enjoin any such violation as a public nuisance.
A.
A designated offender may seek an exemption from this chapter by
petitioning the Argyle Village Board.
B.
The Argyle Village Board shall approve an official petition form.
The sex offender seeking an exemption must complete the petition and
submit it to the Village Clerk, who shall forward it to the Argyle
Village Board. The Argyle Village Board shall hold a hearing on each
petition, during which the Argyle Village Board may review any pertinent
information and accept oral or written statements from any person.
The Argyle Village 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 Argyle Village Board's consideration shall include, but
are not limited to:
(1)
Nature of the offense that resulted in sex offender status.
(2)
Date of offense.
(3)
Age at time of offense.
(4)
Recommendation of probation or parole officer.
(5)
Recommendation of Police Department.
(6)
Recommendation of any treating practitioner.
(7)
Counseling, treatment and rehabilitation status of sex offender.
(8)
Remorse of sex offender.
(9)
Duration of time since sex offender's incarceration.
(10)
Support network of sex offender.
(11)
Relationship of sex offender and victim(s).
(12)
Presence or use of force in offense(s).
(13)
Adherence to terms of probation or parole.
(14)
Proposals for safety assurances of sex offender.
(15)
Conditions to be placed on any exception from the requirements
of this chapter.
C.
The Argyle Village 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 Argyle Village Board's decision
shall be final for purposes of appeal. A written copy of the decision
shall be provided to the sex offender and the Argyle Police Department.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the foregoing provisions of this chapter, the
Village of Argyle hereby exempts and may not enforce any portion thereof
that restricts or prohibits a sex offender from residing at a certain
location or that restricts or prohibits a person from providing housing
to a sex 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 Ch.
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 Ch. 980, Wis.
Stats.
