[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. 023, Series 2007 (Title 9, Part IV, Ch. 9.45, of the 1979 Code). Amendments noted where applicable.]
The definitions delineated in § 9.67.020 of the Village of Grafton Municipal Code shall be applicable to this chapter. In addition, the term "child safety zones" shall include any real property upon which there exists any route, path, area or facility used for or which supports a use of:
A public park, parkway, parkland, park facility;
A public swimming pool;
A public library;
A recreational trail;
A public playground;
A school for children;
Athletic fields used by children;
A day-care center;
Any specialized school for children, including, but not limited, to a gymnastics academy, dance academy or music school;
Aquatic facilities open to the public; and
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 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.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Designated walking zones for schools and schools districts.
Rehabilitative agencies for children and adults with developmental disabilities (i.e., Portal Industries, Inc.).
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 chapter, 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 chapter shall pay, upon conviction, a forfeiture not to exceed $1,000 per violation, plus court costs. Each day during which a violation of this chapter is permitted to exist shall be deemed to be a separate violation.