[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Sec. 11-6-9 of the 1993 Code
of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
A.
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who prey on children are sexual predators who
present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses,
and most sexual offenders commit many offenses, have many more victims
that are never 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 the intent of this chapter not 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 citizens
of the Village by creating areas around locations where children regularly
congregate in concentrated numbers wherein certain sexual offenders
and sexual predators are prohibited from establishing temporary or
permanent residence.[1]
The following words, terms and phrases, when used in this chapter,
shall have the means ascribed to them in this section, except when
the context clearly indicates a different meaning.
A person under the age of 16 for purposes of this chapter.
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 a special bulletin notification (SBN) sex offender pursuant to § 301.46(2)
and (2m), Wis. Stats.
A person under the age of 17.
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.
Prohibited location of residence. It is unlawful for any designated
offender to establish a permanent residence or temporary residence
within 1,000 feet of any school, licensed day-care center, park, trail,
playground, place of worship, or any other place designated by the
Village as a place where children are known to congregate.
B.
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving persons under 18 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 offender is the parent or guardian of the children involved,
and no nonfamilial children are present, are exempt from this subsection.
"Participation" is to be defined as actively taking part in the event.[1]
C.
Measurement of distance.
(1)
For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
outer property line of the permanent residence or temporary residence
to nearest outer property line of a school, licensed day-care center,
park, trail, playground, place of worship or any other place designated
by the Village where children are known to congregate.
(2)
The Village Administrator-Clerk/Treasurer shall maintain an Official
Map showing prohibited locations as defined by this chapter. 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.
Penalties. A person who violates this section shall be punished by
a forfeiture not exceeding $500. Each day a person maintains a residence
in violation of this chapter constitutes a separate violation. The
Village may also seek equitable relief.
E.
Exceptions. A designated offender residing within a prohibited area as described in § 395-3A does not commit a violation of this section if any of the following apply:
(1)
The person established the permanent residence or temporary residence
and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before the effective date of this chapter.
(2)
The person is a minor and is not required to register under § 301.45
or 301.46, Wis. Stats.
(3)
The school, licensed day-care center, park, trail, playground, place
of worship or any other place designated by the Village as a place
where children are known to congregate within 1,000 feet of the person's
permanent residence was opened after the person established the permanent
residence or temporary residence and reported and registered the residence
pursuant to § 301.45, Wis. Stats.
(4)
The residence is also the primary residence of the person's
parents, spouse or children, provided that such parent, spouse or
child established the residence at least two years before the designated
offender established residence at the location.
A.
It is unlawful to let or rent any place, structure, or part thereof, 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 residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in § 395-3A.
