The purpose of this article is to protect the public and to
reduce the likelihood that sex offenders will engage in such conduct
in the future. Section 62.11(5), Wis. Stats., authorizes the Common
Council of the City of Prescott to enact legislation for the health,
safety and welfare of the public, and § 62.04, Wis. Stats.,
is to be liberally construed in favor of the rights, powers and privileges
of cities to promote the general welfare, peace, good order and prosperity
of such cities and the inhabitants thereof.
A.
The Common Council finds that repeat sexual offenders who use physical
violence and sexual offenders who prey on children are sexual offenders
who present an extreme threat to the public safety. Sexual offenders
are likely to use physical violence and to repeat their offenses;
most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.
It is not the intent of the Common Council to punish sex offenders
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 of Prescott by prohibiting certain sexual offenders from being
present, loitering, and residing in or near locations where children
regularly congregate in concentrated numbers.
For purposes of this article, the following terms shall have
the meanings indicated:
A person under the age of 16 years.
Whether in a group, crowd, or as an individual, to stand
idly about, loaf, prowl, congregate, wander, stand, linger aimlessly,
proceed slowly or with many stops, to delay or dawdle, or to otherwise
engage in a pattern of behavior that is offensive, intrusive, or inconsistent
with the use or purpose of the particular area.
A place where a person abides, lodges, or sleeps, and which
may include more than one location, and may be mobile or transitory.
Any certain area that is designated by the City as an area
where children are regularly present or congregate, including, but
not limited to: public or private school or school property, recreation
trail, playground or park, athletic field (including ballfield and
sports court), recreation area frequented by children, day-care center,
any specialized school for children (including, but not limited to,
gymnastics academy, martial arts academy, dance academy, music school),
church or other religious center, public beach, swimming pool or aquatic
area, public library, licensed day care or day program center, residential
care center for children, shelter care facility, youth center, or
any other place designated by the City as a place where children are
known to congregate.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child, 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., or any person who is under court-ordered supervision
by the Wisconsin Department of Corrections for any sexual offense
against a child;
Any person who has been convicted of or has been found delinquent
for or has been found not guilty by reason of disease or mental defect
for a sexually violent offense and/or crime against children;
Any person subject to the sex crimes commitment laws of § 975.06
or Ch. 980, Wis. Stats.; or
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats., or required to comply with sex offender registration pursuant
to § 971.17(1m), Wis. Stats.
It is unlawful for any sex offender to
A.
Be physically present within a restricted zone.
B.
Loiter within 500 feet of the boundary of a restricted zone.
C.
Reside within 500 feet of the boundary of a restricted zone.
D.
Participate in a holiday event involving children under 16 years
of age, such as distributing candy or other items to children on Halloween,
wearing a Santa Claus costume on or preceding Christmas, wearing an
Easter Bunny costume on or preceding Easter, engaging in any activity
which involves the attraction of children, or participating in any
costume activity in which children are likely to be present. Holiday
events in which the sex offender is the parent or guardian of the
children involved, and no nonfamilial children are present, are exempt
from this subsection.
The prohibitions set forth in § 435-33 above shall not apply, and a sex offender may be physically present within a restricted zone under the following circumstances:
A.
The sex offender has official or legitimate business in the zone,
as determined by the reasonable person standard, and the sex offender
is accompanied by another adult who is not a sex offender.
B.
The property supports a church, synagogue, temple or other house
of religious worship and the presence of the sex offender only occurs
during the hours of worship or other religious program or service
as posted to the public, or if the property supports a use also attended
by the sex offender's natural or adopted child which child's use frequently
requires the attendance of a person or of the sex offender as the
child's parent upon the property; provided, however, that the entrance
or presence upon the property only occurs during hours of activity
related to the use.
C.
The property supports the location of a polling place in a local,
state or federal election, but only if the sex offender is eligible
to vote, the designated voting place for the sex offender is in use,
the sex offender enters the voting place property and proceeds to
cast a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the sex offender vacates the
property immediately after voting.
D.
The sex offender's presence at an elementary or secondary school
is required as a result of the sex offender's or the sex offender's
child's enrollment in authorized programming of the school.
For the purpose of determining distance for this article, distance
shall be measured by a straight line from the nearest boundary of
the restricted zone property to the offender's location or, if a residence,
to the nearest boundary of the property of said residence.
A person who violates any of the provisions of this article shall be subject to a forfeiture as provided in § 1-4 of this Code for each violation. Each day a violation continues shall constitute a separate offense. The City may also obtain equitable and injunctive relief.
