[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-7-2016 by Ord.
No. 16-27[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 287,
Sex Offenders, adopted 4-18-2016 by Ord. No. 16-10.
A.
It is the purpose of this article not to impose a criminal penalty
but rather to service the Village of Pleasant Prairie's compelling
interest to promote, protect and improve the health, safety and welfare
of the citizens of the Village of Pleasant Prairie by creating areas
around locations where children regularly congregate in concentrated
number wherein certain sexual offenders and sexual predators are prohibited
from establishing temporary or permanent residency.
B.
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.
In this article, the following words shall have the following
meanings:
A person under the age of 16 years, for purposes of this
article.
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 (SBX) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
A person under the age of 18 years.
A place where the designated offender lodges or resides for
14 or more consecutive days.
Participation in a holiday event involving minors. Holiday
events in which the designated offender is the parent or guardian
of the minors involved, and no nonfamilial minors are present, are
exempt from the definition of "prohibited activity." A designated
offender participates in a prohibited activity by taking part in the
event which shall include, without limitation, 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.
Any school, licensed day-care center, park, trail, playground,
or place of worship. The Village Administrator shall maintain an official
map showing the prohibited locations and safety zones within the Village.
The Village Administrator shall update the map at least annually to
reflect any changes in the prohibited locations and safety zones.
The map shall be available in the office of the Village Clerk and
posted on the Village website.
A safety zone is any real property that supports or upon
which there exists any facility used for or that supports a school
for minors, a public park, a park facility, a trail or any other prohibited
location, including any sidewalks or lawn adjacent to such prohibited
location.
Either:
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.
The Village of Pleasant Prairie, Wisconsin.
A.
Prohibited location of residence. It shall be unlawful for any designated
offender to establish a permanent residence or temporary residence
within 1,500 feet of a prohibited location.
C.
Determination of minimum distance separation. For purposes of determining the minimum distance separation under this article, the requirement shall be measured by following a straight line from the closest point of the outer property line of the permanent residence or temporary residence of a designated offender to the nearest outer property line of a prohibited location. If any portion of a tax parcel contains a prohibited location, the entire tax parcel shall be considered a prohibited location. If any portion of a tax parcel would constitute a prohibited location of residence under § 287-3A, the entire tax parcel shall be considered a prohibited location of residence.
D.
Exceptions. A designated offender residing within a prohibited location of a residence as described in § 287-3A shall not be in violation of this article if any of the following apply:
(1)
Subject to § 287-5A below, the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the initial effective date of the relevant provision of this article, and the designated offender has resided in such permanent residence or temporary residence continuously since the effective date of this article, except for temporary absences of no more than 30 consecutive days.
(2)
The designated offender is a minor and is not required to register
under §§ 301.45 and 301.46, Wis. Stats.
(3)
The prohibited location situated within 1,500 feet of the person's
permanent residence was opened or established after the designated
offender established the permanent residence and reported and registered
the residence pursuant to § 301.45, Wis. Stats.
(4)
The residence is also the primary residence of the designated offender's
parents, grandparents, siblings, spouse or children, provided that
such parent, grandparent, sibling, spouse or child established the
residence at least two years before the designated offender established
residence at that location, subject to the following: The designated
offender is prohibited from residing in such location if a victim
of an offense giving rise to the designated offender's designation
also resides in the residence and is a minor, unless the designated
offender is on probation or parole and residing with the victim is
approved in writing by the probation or parole officer; and if not
on probation or parole, such location is prohibited unless approved
in writing by the Pleasant Prairie Chief of Police, based upon a finding
that the circumstances of the offense, the designated offender, the
victim, and all relevant information in the matter substantially eliminates
the risk of re-offense against the victim.
(5)
The Sex Offender Residence Board has granted an exemption for the
designated offender.
[Added 9-18-2017 by Ord.
No. 17-40]
A.
Safety zone prohibition. A designated offender shall not enter upon or be present upon or within a safety zone, except as set forth below in § 287-4B.
B.
Exceptions. A designated offender who enters upon or who is present upon or within a safety zone does not commit a violation of this § 287-4 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 designated
offender's natural or adopted child, for which a child's use reasonably
requires the attendance of the designated offender as the child's
parent upon the property, subject to the following condition:
(a)
The designated offender's entrance and presence upon the property
occurs only during hours of activity related to the use, as posted
to the public, and only as reasonably necessary in connection with
such activity.
(3)
The property also supports a polling location in a local, state or
federal election, subject to all of the following conditions:
(a)
The designated offender is eligible to vote;
(b)
The property is the designated polling place for the designated
offender; and
(c)
The designated offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is available
to any member of the electorate, and vacates the property immediately
after the voting.
(4)
The property also supports a school lawfully attended by a designated
offender as a student under which circumstances the designated offender
may enter upon the property supporting the school at which the designated
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)
The designated offender is on the property only to transact
business at the government office or place of business, other than
a public library, or to attend an official meeting of a governmental
body; and
(b)
The designated offender leaves the property immediately upon
completion of the business or meeting.
C.
Prohibited activity. It is unlawful for a designated offender to
participate in a prohibited activity.
A.
Property owner restrictions. It shall be unlawful for any property owner to lease or rent any place, structure, mobile home, trailer or any part thereof with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing a permanent residence or temporary residence therein pursuant to this article, if such place, structure, mobile home, trailer or any part thereof is located within a prohibited location of a residence, as defined in § 287-3A.
B.
Notice to Chief of Police. A designated offender and any property
owner who leases or rents any place, structure, mobile home, trailer
or any part thereof, with the knowledge that it will be used as a
permanent residence or temporary residence by any person who is a
designated offender, must each notify the Village Police Chief in
writing a minimum of 28 days prior to establishing either a permanent
residence or temporary residence within the Village. In addition,
any property owner who has leased or rented any place, structure,
mobile home, trailer or any part thereof as a permanent residence
or temporary residence by any person who is a designated offender,
at any time during a calendar year, shall report in writing to the
Village Police Chief as to the status of the leasing or renting by
the designated offender, including, without limitation, the names
of all designated offenders who lease or rent any portion of such
place, structure, mobile home, trailer or any part thereof as of December
1 of such calendar year, the remaining lease term under the current
lease for each designated offender, and, if a designated offender
no longer leases or rents such place, structure, mobile home, trailer
or any part thereof, the date said designated offender no longer leased
or rented such place. All such information shall be provided in writing
to the Village Police Chief on or before December 31 of each calendar
year.
C.
Notice to property owner. A designated offender shall tell any property owner from whom the designated offender intends to lease or rent any place, structure, mobile home, trailer or any part thereof that the designated offender is a designated offender as defined in § 287-2, prior to entering into any lease or rental arrangement.
To the extent required by § 980.135 of the Wisconsin
Statutes, and notwithstanding the foregoing provisions of this article,
the Village of Pleasant Prairie 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 Chapter 980 of the Wisconsin
Statutes, 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 Chapter 980 of the
Wisconsin Statutes.
[Added 9-18-2017 by Ord.
No. 17-40]
A.
A designated offender may seek an exemption from this article by
petitioning to the Sex Offender Residence Board ("Residence Board").
B.
The Residence Board shall consist of three citizens residing in the
Village. Members shall be selected by the President subject to the
approval by the Village of Pleasant Prairie Board of Trustees. Members
shall serve for a term of five years and shall serve no more than
two consecutive terms. The terms for the initial members of the Residence
Board shall be staggered with one member serving one year, a second
member serving three years and the third member serving five years.
C.
The Residence Board shall approve an official petition form. The
designated offender seeking an exemption must complete the petition
and submit it to the Village Clerk, who shall forward it to the Residence
Board. The Residence Board shall hold a hearing on each petition,
during which the Residence Board may review any pertinent information
and accept oral or written statements from any person. The Residence
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 Residence
Board's consideration shall include, but are not limited to:
(1)
Nature of the offense that resulted in designated 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 designated
offender.
(8)
Remorse of designated offender.
(9)
Duration of time since designated offender's incarceration.
(10)
Support network of designated offender.
(11)
Relationship of designated 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 designated offender.
(15)
Conditions to be placed on any exception from the requirements
of this article.
D.
The Residence 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, or subject to other reasonable conditions.
The Residence Board's decision shall be final for purposes of any
appeal. A written copy of the decision shall be provided to the designated
offender and the Village of Pleasant Prairie Police Department.
Should any section, paragraph, sentence, clause or phrase of
this article be declared unconstitutional or invalid for any reason
or be repealed, it shall not affect the validity of this article as
a whole, or any part thereof, other than the part so declared to be
invalid or repealed.
If a designated offender or property owner violates any provision
of this article, the Village may, in addition to all other rights
and remedies allowed by law or this article, refer the matter to an
attorney chosen by the Village Administrator to bring an action in
the name of the Village in circuit court to seek a temporary restraining
order, temporary injunction or permanent injunction against such designated
offender or property owner to prevent them from violating the terms
of this article or to take any action, or prevent any action, necessary
for compliance with the terms of this article.
Any person, firm or entity who violates any provisions of this
article shall, upon conviction thereof, be subject to a forfeiture
not to exceed $1,000, together with the costs of prosecution, and,
in default of payment thereof, shall be committed to jail for a period
not to exceed 90 days. Each violation and each day such violation
continues shall be considered a separate offense. Neither the issuance
of a citation nor the imposition of a forfeiture hereunder shall preclude
the Village from seeking or obtaining any and all legal and equitable
remedies available by law or this article.
The provisions of this article, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the article or amendments hereto, are intended and
hereby declared as a continuation of such ordinances and not as new
enactments, and the effectiveness of such provisions shall be from
the date of the first adoption of such provisions.
This article, as amended and restated above, shall take effect
upon its passage on this seventh day of September 2016.
