[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
This chapter is a regulatory measure aimed at protecting the health and safety of children in the Village of Denmark from the risk that sexual offenders convicted of an offense against a child may re-offend 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 re-offense, 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 presence in specified areas designated as places children commonly congregate. The Village of Denmark 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, which shall be restricted zones under this chapter.
It is not the intent of this chapter 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 or being present in specified areas around locations where children regularly congregate in concentrated numbers. It is the further intent of this chapter to recognize that convicted sexual offenders must reenter the community, and the Village of Denmark 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 chapter, 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 chapter.
- DESIGNATED OFFENDER
- 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.
- LOITER-FREE ZONES
- The two-hundred-foot radius surrounding all restricted zones.
- Whether in a crowd, group or as an individual, to stand idly about, loaf, prowl, congregate, wander, linger aimlessly, or proceed slowly or with many stops, to delay or dawdle, for the purpose or in a manner likely to interact or attempting to interact with children (excepting children of the offender), or engaging in activities that would interest children (excepting the children of the offender) or acting in a manner that otherwise has no legitimate purpose.
- A person age 17 or younger.
- A place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year 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. Where a voluntary concurrence of physical presence and intent to remain in a fixed place of habitation are present the place will be presumed to be a residence. A residence may be more than one location and may be mobile or transitory.
- A. The following shall constitute restricted zones under this chapter:
- (1) A public park, parkway, parkland, or park facility;
- (2) A public swimming pool;
- (3) A public library;
- (4) A recreational trail;
- (5) A public playground;
- (6) A school for children;
- (7) Athletic fields used by children;
- (8) A movie theater;
- (9) A day-care center;
- (10) Any specialized school for children, including but not limited to a gymnastics academy, dance academy, or music school;
- (11) A public or private golf course or range;
- (12) Aquatic facilities open to the public; and
- (13) 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, 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.].
- B. The Village shall maintain an official map showing restricted zones, updating that map annually. The restricted zones map will be available at the Village's offices and on the Village's official website. The map shall be for informational purposes only. The absence of a location on the map shall not be a defense to prosecution where the alleged violator is within 50 feet of a place listed above and circumstances make it clear that the violator had actual notice of that proximity.
For purposes of determining required distances, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a restricted zone.
The Village Clerk shall maintain an official map showing restricted zones as defined by this chapter. The Clerk shall update the map to reflect any changes in the location of restricted zones.
Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:
Restricted zone restriction exceptions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:
Loiter-free zones. It is unlawful for a designated offender to loiter within a restricted zone.
Holiday prohibition. It is unlawful for any designated offender to participate in a holiday event involving children, such as distributing candy or other items to children on Halloween, wearing a Santa Clause 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 non-familial children are present, are exempt from this subsection.
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence in a restricted zone, including within 1,500 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.
Exceptions. A designated offender residing within a prohibited area as described in Subsection A does not commit a violation of this section if any of the following apply:
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 or any predecessor ordinance.
The person is a minor and is not required to register under § 301.45 or 301.46, Wis. Stats.
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 1,500 feet of the person's permanent residence or temporary 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.
The residence is also the primary residence of the person'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 the location.
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 § 240-5A.
It is unlawful for any owner, real estate broker or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or conveyance is located within a prohibited location zone described in § 240-5A.
Sex Offender Residency Board.
The above requirements may be waived upon approval of the Sex Offender Residency Board through appeal by the affected party. Such appeal shall be made to the Village Clerk's office, who shall forward the request to the Sex Offender Residency Board, which shall receive reports from the Police Department on such appeal.
The Board shall convene and consider the public interest as well as the affected party's presentation and concerns. After deliberation, the Board shall forward its decision in writing to the Village of Denmark Clerk and the Village of Denmark Police Department for their information and action. A written copy of the decision shall be provided to the affected party.
Membership. The Board shall consist of five citizens, three of whom shall constitute a quorum. The President shall annually, between the last Monday of April and the first Monday of May, appoint, in writing to be filed with the Secretary of the Board, one member for a term of five years, subject to confirmation by the Board.
Limit on appeals. The appeal of any designated offender which has been denied by the Sex Offender Residency Board shall not be heard or acted upon again within 30 days from the initial decision and 60 days from the date of any subsequent decision of the Sex Offender Residency Board.
A person who violates this chapter shall be punished by a forfeiture not exceeding $2,000 together with the actual costs of prosecution, including attorney fees, if necessary.
Each day a person is in violation of any section of this chapter constitutes a separate violation.
Each person who is found to have violated this chapter shall immediately vacate any premises which he occupies and agree to be removed from any residence or location occupied in violation of this chapter, including the issuance of a mandatory or permanent injunction by the appropriate court.