[HISTORY: Adopted by the Village Board of the Village of
Allouez as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 31.39 of the Village Code]
A.
This article is a regulatory measure aimed at protecting the health
and safety of children in the Village of Allouez from the risk that
sexual offenders convicted of an offense against a child may reoffend
in locations close to where children congregate. Given the high rate
of recidivism for sexual 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. Therefore, the Village finds and declares that sexual offenders
are a serious threat to the public safety of children if regulatory
measures are not in place that prohibit their loitering in specified
areas designated as places children commonly congregate. The Village
of Allouez finds and declares that in addition to schools and day-care
centers, children congregate or play at child-oriented facilities,
such as parks and playgrounds.
B.
It is not the intent of this article to impose a criminal penalty
but rather to serve the Village's compelling interest to promote,
protect, and improve the health, safety, and welfare of the children
of the Village by prohibiting convicted sexual offenders from loitering
in specified areas around locations where children regularly congregate
in concentrated numbers. It is the further intent of this article
to recognize that convicted sexual offenders must reenter the community,
and the Village of Allouez hereby accepts that it has a responsibility
to convicted sexual offenders and the surrounding area municipalities
to ensure that, in addition to promoting regulatory measures aimed
at protecting children, its regulatory measures are not aimed at prohibiting
convicted sexual offenders from being part of this society.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
A person age 16 or younger for purposes of this article.
Any person who is required to register under § 301.45,
Wis. Stats., and/or is under court-ordered supervision by the Wisconsin
Department of Corrections for any sexual offense against a child,
unless the person is under the age of 18 at the time of the offense
and the offender was not tried and convicted of the offense as an
adult.
An official map, maintained by the Village, showing loiter-free
zones designated in purple (the "Loiter-Free Zone Map"). The Village
shall update the Loiter-Free Zone Map at least annually to reflect
any changes in the location of loiter-free zones. Loiter-free zone
maps will be available at the Village's office and on the Village's
official website.
The following areas including a surrounding fifty-foot radius
where children congregate are designated by the Village to be loiter-free
zones, including but not limited to:
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, for the purpose
of interacting or attempting to interact with children (excepting
children or relatives of the designated offender), taking or attempting
to take photographs of children (excepting children or relatives of
the designated offender), or engaging in activities that would be
of interest to children (excepting children or relatives of the designated
offender) or when otherwise serving no legitimate purpose.
A.
It is unlawful for a designated offender to loiter within a loiter-free
zone.
B.
Holiday prohibition. It is unlawful for any designated offender to
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 or wearing
an Easter Bunny costume on or preceding Easter. Holiday events in
which the designated offender is the parent or guardian of the children
involved, and no nonfamilial children are present, are exempt from
this subsection.
A person who violates this article shall be punished by a forfeiture
not exceeding $2,000, together with the actual costs of prosecution,
including attorney fees, if necessary.
[Adopted as § 31.42 of the Village Code]
The Village Board finds that repeat sex offenders, sex offenders
who use physical violence, and sex offenders who prey on children
are sex predators who present an extreme threat to the public safety.
Sex offenders are extremely likely to use physical violence and to
repeat their offenses, and most sex 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 sex offender
victimization to society, while incalculable, clearly exorbitant.
It is the intent of this article not to impose a criminal penalty
but to serve the Village's compelling interest to promote, protect,
and improve the health, safety and welfare of the citizens of the
Village by creating areas around locations where children regularly
congregate in concentrated numbers wherein certain sex offenders and
sex predators are prohibited from establishing temporary or permanent
residence.
For the purposes of this article, the following terms shall
have the meanings indicated:
A person under the age of 16 years.
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
has been designated a special bulletin notification (SBN) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
A 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 address or a 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.
A.
Restriction. In absence of a court order specifically exempting a
designated offender from the residency restriction in this section,
a designated offender shall not establish a permanent residence or
temporary residence within 2,000 feet of any school, licensed day-care
center, park, recreational trail, playground, parkway or any other
place designated by the Village as a place where children are known
to congregate.
B.
Measurement of distance.
(1)
The distance shall be measured by following a straight line from
the outer property line of the permanent or temporary residence to
the nearest outer property line of a school, licensed day-care center,
park, recreational trail, playground or any other place designated
by the Village as a place where children are known to congregate.
(2)
The Village Clerk-Treasurer shall maintain an official map showing
prohibited locations. The Village Clerk-Treasurer shall update the
map at least annually to reflect any changes in the prohibited locations.
These prohibited locations shall be designated on the map as child
safety zones.
A designated offender residing within a prohibited area as specified in § 367-7 does not commit a violation of this article if any of the following applies:
A.
The person established a permanent residence or temporary residence
and reported and registered the residence as provided in § 301.45,
Wis. Stats., before the effective date of this article.
B.
The person was under 17 years of age and is not required to register
under § 301.45 or 301.46, Wis. Stats.
C.
The school, licensed day-care center, park, recreational trail, playground,
parkway or any other place designated by the Village as a place where
children are known to congregate within 2,000 feet of the person's
permanent or temporary residence was opened after the person established
the permanent or temporary residence and reported and registered the
residence as provided in § 301.45, Wis. Stats.
D.
The residence is also the primary residence of the person's spouse,
parents, grandparents, siblings or children, provided that the spouse,
parents, grandparents, siblings or children established the residence
at least two years before the designated offender established residence
at the location.
If a person violates § 367-7 by establishing a residence or occupying a residential premises within 2,000 feet of those premises as described herein, without any exception(s) as also set forth above, the Village Attorney, upon referral from the Brown County Sheriff's Department and the written determination by the Brown County Sheriff's Department that based upon all of the facts, circumstances and the purposes of this article 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 Village in the Circuit Court for Brown County to permanently enjoin such residency as a public nuisance. In addition to the aforesaid injunctive relief, such person shall be subject to a forfeiture of not less than $1,000 nor more than $2,500 for each violation and in default of payment may be imprisoned as provided by law for not more than 90 days. 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 article.
