[HISTORY: Adopted by the Village Board of the Village of Fredonia as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 11-2-6.1 of the 1995 Code]
The definitions delineated in § 462-5 of the Village of Fredonia Municipal Code shall be applicable to this subsection.
In addition, the following term shall be defined as follows:
- CHILD SAFETY ZONES
- Includes any real property upon which there exists any route, path, area or facility used for or which supports a use of:
- (1) A public park, parkway, parkland, park facility;
- (2) A recreational trail;
- (3) A public playground;
- (4) A school for children;
- (5) Athletic fields used by children;
- (6) A day-care center;
- (7) 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 foster home, as defined in § 48.02(6), 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 in § 961.01(22) Stats.].
- (8) Designated walking zones for schools and school districts.
It shall be unlawful for any offender to enter into, congregate, loiter, wander, stroll, stand or play in or near a child safety zone under circumstances that warrant alarm for the safety of persons in the vicinity.
Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
Any person who shall violate any provision of this article shall pay, upon conviction, a forfeiture not to exceed $1,000 per violation, plus court costs. Each day during which a violation of this article is permitted to exist shall be deemed to be a separate violation.
[Adopted as Sec. 11-6-5.1 of the 1995 Code]
This article is a regulatory measure aimed at protecting the health and safety of children in Fredonia from the risk that certain convicted sex offenders may re-offend in locations close to their residences. The Village finds and declares that certain sex offenders are a serious threat to public safety. When convicted sex offenders re-enter society, they are much more likely than any other type of offender to be re-arrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools and day-care centers. The Village finds and declares that, in addition to schools and day-care centers, children congregate or play at public parks, recreational trails, athletic fields, and playgrounds.
The following definitions shall be used in this chapter unless the context otherwise requires:
- 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 and involving a person under the age of 18 years, respectively:
- 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 crime against children and is required to be registered with the State of Wisconsin or any other state.
- ORIGINAL DOMICILE
- The offender's true, fixed and permanent home, to which the offender intends to return and remain even though currently residing elsewhere.
- PERMANENT RESIDENCE
- The place where an offender abides, lodges or resides for 14 or more consecutive days.
- TEMPORARY RESIDENCE
- The place where an offender 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 residence; or the 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.
An offender shall not establish a permanent residence or temporary residence in any location on a parcel of land which, in whole or in part, is within 500 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 foster home, as defined in § 48.02(6), 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 in § 961.01(22), Wis. Stats.); and/or
Any path, route, area or facility used for:
The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest real property boundary line of the applicable above-enumerated use(s). 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.
An offender establishing a residence in any location on a parcel of land which, in whole or in part, is within 500 feet of the real property comprising any of the uses enumerated in § 462-6 does not commit a violation of this subsection if any of the following apply:
The offender has established a residence prior to the effective date of this article (to be inserted upon approval) which is within 500 feet of any of the uses enumerated in § 462-6 above, or such enumerated use is newly established after such effective date and it is located within 500 feet of a residence of an offender which was established prior to the effective date of this section.
The offender is a minor or ward under guardianship.
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 by any offender as a permanent residence or temporary residence who is prohibited from establishing such permanent residence or temporary residence pursuant to this ordinance, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 462-6 and not subject to an exception set forth in § 462-7 above,
In addition to and notwithstanding the foregoing, but subject to § 462-7 above, no offender and no individual who has been convicted of a crime against children shall be permitted to establish a residence in the Village of Fredonia, unless such person was domiciled in Ozaukee County at the time of the offense resulting in the person's most recent conviction for committing the crime against children.
In addition to and not withstanding the foregoing, but subject to § 462-7, no offender and no individual who has been convicted of a crime against children shall be permitted to establish a residence in a designated walking zone for schools or school districts.
In addition to and notwithstanding the foregoing, but subject to § 462-7 above, no offender shall be permitted to establish a permanent or temporary residence within 500 feet of a temporary or permanent residence of another offender in the Village of Fredonia. This restriction shall not apply to offenders who have established residence within 500 feet of another offender prior to the effective date of this article, but all existing offender residences shall be considered when calculating distance and determining residence availability for any offenders establishing a residence after the effective date of the ordinance.
If an offender violates any provision of this section, without any exception(s) as also set forth above, said offender shall be subject to a forfeiture as indicated on the Schedule of Forfeitures for each violation. Each day that a violation exists shall be considered a separate offense. If any person, corporation, or business entity of any kind rents to an offender, in violation of the terms of this ordinance, said person, corporation, or business entity shall be subject to a forfeiture as indicated on the Schedule of Forfeitures for each violation. Each day that a violation exists shall be considered a separate offense. In addition to all relief called for herein, the Village may also seek equitable relief, including, but not limited to, an action in the name of the Village in the Circuit Court for Ozaukee County to permanently enjoin such residency.
Editor's Note: The Schedule of Forfeitures is on file in the Village office.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If any section, portion or provision of this chapter is invalid, preempted by state law or unconstitutional, or if the application of this chapter to any person or circumstances is adjudged invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application. If there are specific distances listed for residency in this chapter that do not comply with recent court rulings or statutes, they may be interpreted to have effect as to the minimum distance currently allowable by law.