[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 9, Part VII, Ch. 9.67, of the 1979 Code; amended in its entirety by Ord. No. 022, Series 2007. Subsequent amendments noted where applicable.]
This chapter is a regulatory measure aimed at protecting the health and safety of children in Grafton 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 reenter society, they are much more likely than any other type of offender to be rearrested 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, swimming pools, libraries, 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.
- 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 the 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 1,000 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 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); and/or
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Any path, route, area or facility used for:
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;
Rehabilitative agencies for children and adults with developmental disabilities, (i.e., Portal Industries, Inc.).
An offender establishing a residence in any location on a parcel of land which, in whole or in part, is within 1,000 feet of the real property comprising any of the uses enumerated in § 9.67.030, does not commit a violation of this chapter if any of the following apply:
The offender has established a residence prior to the effective date of this chapter, November 16, 2007, which is within 1,000 feet of any of the uses enumerated in § 9.67.030 above, or such enumerated use is newly established after such effective date and it is located within such 1,000 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 as a permanent residence or temporary residence by any offender 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 § 9.67.030 and not subject to an exception set forth in § 9.67.040 above,
A property owner's failure to comply with provision of this chapter shall constitute a violation of this chapter and shall subject the property owner to the code enforcement provisions in § 9.67.080, as provided in this chapter.
In addition to and notwithstanding the foregoing, but subject to § 9.67.040 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 Grafton 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 notwithstanding the foregoing, but subject to § 9.67.040, 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 § 9.67.040 above, no offender shall be permitted to establish a permanent or temporary residence within 1,000 feet of a temporary or permanent residence of another offender in the Village of Grafton. This restriction shall not apply to offenders who have established residence within 1,000 feet of another offender prior to the effective date of this chapter, 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 chapter.
If an offender violates any provisions of this chapter without any exception(s) as also set forth above, said offender shall be subject to a forfeiture of not less than $1,000 and not more than $2,500 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 chapter, said person, corporation or business entity shall be subject to a forfeiture of not less than $1,000 and not more than $2,500 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.