§ 422-1Findings and purpose.
§ 422-3Residency restrictions.
§ 422-4Exceptions to residency restrictions.
§ 422-5Original domicile restriction.
§ 422-6Sex offender restricted zones.
§ 422-7Sex offender restricted zone exceptions.
§ 422-8Certain activities prohibited.
§ 422-10Violations and penalties.
This chapter is a regulatory measure aimed at protecting the health and safety of children in Woodville from the risk that convicted sex offenders may reoffend in locations close to their residences or places where children congregate. The Village finds and declares that sex offenders are a serious threat to the public safety of children. The Village further finds that when convicted sex offenders reenter society there is legitimate concern about the risk of reoffense, and reducing opportunity and temptation is important to minimizing the risk of reoffense. Therefore, in addition to protections afforded by state law, the Village finds that there is a need to protect children in Woodville in places where they congregate or play in public, near schools, day-care centers and other places children frequent.
As used in this chapter and unless the context otherwise requires, the following terms shall have the meanings indicated:
- CRIME AGAINST CHILDREN
- 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:
|§ 940.22(2)||Sexual exploitation by therapist|
|§ 940.225(1)||First degree sexual assault|
|§ 940.225(2)||Second degree sexual assault|
|§ 940.225(3)||Third degree sexual assault|
|§ 940.30||False imprisonment - victim was minor and not the offender's child|
|§ 940.31||Kidnapping - victim was minor and not the offender's child|
|§ 944.01||Rape (prior statute)|
|§ 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 child by a school staff person or a person who works or volunteers with children|
|§ 948.11(2)(a) or (am)||Exposing a child to harmful material or harmful descriptions or narrations - felony sections|
|§ 948.12||Possession of child pornography|
|§ 948.13||Child sex offender working with children|
|§ 948.30||Abduction of another's child|
|§ 971.17||Commitment of persons found not guilty by reason of mental disease or mental defect - of an included offense|
|§ 975.06||Sex Crimes Law commitment|
- 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 or been required by any court to register under § 301.45, Wis. Stats., for any offense against a child.
- RESIDENCE (RESIDE)
- The place where a person sleeps, which may include more than one location and may be mobile or transitory.
- SEXUALLY VIOLENT OFFENSE
- Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.
- YOUTH CENTER
- Includes churches within the Village of Woodville.
A person shall not reside within 200 feet of the real property comprising any of the following:
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 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 above.
Athletic facilities used by children, not including golf courses.
Property used for a school forest.
The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above enumerated use(s). If the two-hundred-foot line falls within a lot or parcel, the entire lot or parcel shall be within the residence restricted zone. 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-Treasurer for public inspection. The map is provided for informational purposes only. If this section and the map conflict, this section controls.
A person residing within 200 feet of the real property comprising any of the uses enumerated in § 422-3 above does not commit a violation of this chapter if any of the following apply:
The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
The person has established a residence prior to the effective date of this chapter which is within 200 feet of any of the uses enumerated in § 422-3 above or such enumerated use is newly established after such effective date and it is located within 200 feet of a residence of a person which was established prior to the effective date of this chapter.
The person is a minor under the age of 18 who is living with his/her parent(s) or ward under guardianship.
The person is not more than 19 years of age and is living with his/her parent(s) or guardian and is currently enrolled and regularly attending high school.
The person is required to appear in Woodville Municipal Court.
In addition to and notwithstanding the foregoing, but subject to § 422-4 above, no person and no individual who has been labeled a special bulletin notification (SBN) and is still on parole, extended supervision or monitoring shall be permitted to reside in the Village of Woodville unless such person was domiciled in the Village of Woodville at the time of the offense.
It shall be unlawful for any person to do any of the following:
Enter or be physically present within the boundaries of any school, park, day-care facility, or other use defined in § 422-3.
Loiter within 150 feet of the boundary of any such school, park, day-care facility or other use defined in § 422-3. "Loiter" shall include, but not be limited to, lingering in an apparent aimless way, spending time idly, walking or moving slowly and indolently with frequent stops and pauses, or not moving at all, 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. 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 law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would explain his or her presence and conduct at the locations identified above. No person shall be convicted of an offense under this subsection if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.
A map depicting the locations of the real property supporting the above-enumerated uses and the resulting sex offender restricted zone, as amended from time to time, is on file in the Village Clerk-Treasurer's office for public inspection. The map is provided for informational purposes only. If this section and the map conflict, this section controls.
A person does not commit a violation of § 422-6 above and the enumerated uses may allow such person on the property supporting such use if any of the following apply:
The property supporting an enumerated use under § 422-3 also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
Entrance and presence upon the property occur only during hours of worship or other religious program/service as posted to the public;
The person shall not participate in any religious education programs which include individuals under the age of 18; and
Written advance notice is made from the person to an individual in charge of the church, and written approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person. The written approval shall state the dates for which it is in effect.
The property supporting an enumerated use under § 422-3 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:
Entrance and presence upon the property occur only during hours of activity related to the use as posted to the public; and
Written advance notice is made from the person to an individual in charge of the use upon the property, and written 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. The written approval shall state the dates for which it is in effect.
The property supporting an enumerated use under § 422-3 also supports a polling location in a local, state or federal election, subject to the following conditions:
The person is eligible to vote and the designated polling place for the person is an enumerated use; and
The person enters the polling place property, 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.
The property supporting an enumerated use under § 422-3 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.
With respect to other private properties/entities/organizations that support an enumerated use:
Written advance notice and application is made from the person to an individual in charge of the use upon the property, and written 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. The written approval shall state the dates for which it is in effect.
The person's entrance and presence upon the property occur only as provided in the written approval.
It shall be unlawful for any person to do any of the following:
Distribute Halloween candy to minors or through the use of lighting, decoration, signs or similar means to create the impression in the average person that the person's residence or place of abode is open for visiting by "trick or treaters."
Appear or participate in costume at any event open to the public to which minors are invited, including without limitation Halloween gatherings, playing the role of Santa Claus at Christmas events or the Easter bunny at Easter events, or similar roles or events.
Invite or allow minors unrelated to the person into the person's home or place of abode within the Village of Woodville.
Appeals for exceptions outside those enumerated above are to be referred to the Chief of Police to be processed as follows:
The Chief of Police is authorized to grant temporary exceptions to the sex offender restricted zone restrictions established in § 422-6 to allow a person to be within a sex offender restricted zone temporarily for events such as a family reunion in a park, or a special event at or within a restricted zone involving the person's child or spouse, or other similar type situations.
For all other applications for exceptions, the Chief of Police shall call a special meeting of a committee to review the application. The committee shall be made up of:
Standards for granting exceptions.
To grant an exception the committee must find that:
There are circumstances unique to the person that would not be common among other persons subject to this chapter and that application of this chapter to the person would cause an extreme hardship to that person because of these unique circumstances.
Granting the exception will not be detrimental to the public health, safety or welfare of the community or to the neighborhood for which the exception is sought.
Granting the exception will not violate the spirit and the general and specific purposes of this chapter.
To be approved, an exception must receive an affirmative vote of four of the committee members.
All exceptions granted are to be documented. This documentation is to be maintained by the Police Department.
A copy of all exceptions granted will be available from the Village of Woodville police.
Residency restriction violations.
If a person violates § 422-4 above by establishing a residence or occupying residential premises within 200 feet of those premises as described therein, without any exception(s) as also set forth above, the Village Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that, based upon all of the facts and circumstances and the purpose of this chapter, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the Village in the Circuit Court for St. Croix County to permanently enjoin such residency as a violation of this chapter and as a public nuisance. In addition to the injunctive relief, such person shall be subject to a penalty as provided in § 1-4 of this Code.
Upon conviction, each day a violation continues shall constitute a separate offense. In addition, the Village may undertake all other legal and equitable remedies to prevent or remove a violation of this chapter.
Sex offender restricted zone or prohibited activities violations. If a person violates § 422-6 above by being present within a sex offender restricted zone or violates § 422-8 above by doing one or more of the prohibited activities, such person shall be subject to a penalty as provided in § 1-4 of this Code.