[Adopted by the Village Board of the Village of Saukville 7-24-2018 by Ord. No. 788.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sexually oriented businesses — See Ch. 161.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 160, Sex Offender Residency Restrictions, adopted 12-1-2015
by Ord. No. 759.
A.
The Wisconsin legislature has provided for the punishment, treatment
and supervision of persons convicted or otherwise responsible for
sex crimes against children, including their release into the community.
Chapter 980 of the Wisconsin Statutes provides for the civil commitment
of sexually violent persons. The purpose of that chapter is to protect
the public and to reduce the likelihood that convicted sex offenders
will engage in such conduct in the future.
B.
The United States Supreme Court has recognized that the risk of recidivism
posed by sex offenders is high, and when convicted sex offenders re-enter
society, they are much more likely than any other type of offender
to be rearrested for a new rape or sexual assault.
C.
The Village Board is aware of research on sex offenders, including
the findings of a number of states, including, but not limited to,
Florida, Georgia, Alabama, Iowa and California, as they pertain to
laws adopted and which relate to imposing restrictions on sex offenders
with respect to residency.
D.
The Village Board finds the negative consequences of failing to regulate
the movement of sex offenders is a hazard to children and the community.
Thus, the Village has a duty and need to regulate where sex offenders
reside and loiter within the Village once they are reintegrated into
the community.
E.
This chapter is a regulatory measure aimed at protecting the health
and safety of children in the Village of Saukville from the risk that
convicted sex offenders may re-offend in locations close to their
residences. It is the intent of this chapter not 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
Village citizens by creating safety zones around locations where children
regularly congregate in concentrated numbers wherein certain sexual
offenders and sexual predators are prohibited from establishing residence;
and by regulating certain activities that may be used by sexual offenders
to prey on children.
F.
The Village finds and declares that sex offenders are a serious threat
to public safety. 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, day-care centers and other places
children frequent. The Village Board notes that § 61.34,
Wis. Stats., authorizes the Board to enact legislation for the health,
safety and welfare of the public, and that § 61.34(5), Wis.
Stats., provides that the powers, rights and privileges accorded to
villages under that section are to be liberally construed in order
to promote the general welfare, peace, good order and prosperity of
the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The site upon which any of the following are located:
Public parks, park pathways, parkland, park facilities;
Public swimming pools and aquatic facilities open to the public;
Public libraries;
Recreational trails;
Public playgrounds;
Schools for children;
Athletic fields used by children;
Day-care facilities;
Specialized schools for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
Movie theaters;
Museums;
Facilities 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 day-care center licensed under § 48.65, Wis.
Stats.; a day-care provider certified under § 48.651, Wis.
Stats.; or a youth center, as defined in § 961.01(22), Wis.
Stats.].
Any place within the Village that is located within 500 feet
of any child safety location.
Has the meaning of 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, respectively:
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§ 940.225(1), First degree sexual assault
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§ 940.225(2), Second degree sexual assault
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§ 940.225(3), Third degree sexual assault
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§ 940.22(2), Sexual exploitation by therapist
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§ 940.30, False imprisonment — victim was a
minor and not the offender's child
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§ 940.31, Kidnapping — victim was a minor and
not the offender's child
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§ 944.01, Rape (prior statute)
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§ 944.06, Incest
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§ 944.10, Sexual intercourse with a child (prior statute)
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§ 944.11, Indecent behavior with a child (prior statute)
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§ 944.12, Enticing child for immoral purposes (prior
statute)
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§ 948.02(1), First degree sexual assault of a child
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§ 948.02(2), Second degree sexual assault of a child
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§ 948.025, Engaging in repeated acts of sexual assault
of the same child
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§ 948.05, Sexual exploitation of a child
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§ 948.055, Causing a child to view or listen to sexual
activity
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§ 948.06, Incest with a child
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§ 948.07, Child enticement
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§ 948.075, Use of a computer to facilitate a child
sex crime
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§ 948.08, Soliciting a child for prostitution
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§ 948.095, Sexual assault of a student by school instructional
staff
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§ 948.11(2)(a) or (am), Exposing child to harmful
material — felony sections
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§ 948.12, Possession of child pornography
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§ 948.13, Convicted child sex offender working with
children
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§ 948.30, Abduction of another's child
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§ 971.17, Not guilty by reason of mental disease —
of an included offense
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§ 975.06, Sex crimes law commitment
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All parts and segments of the Ozaukee Interurban Trail.
A place where a person sleeps, abides, lodges or resides
on a permanent or temporary basis. For purposes of this definition,
a "permanent basis" means 14 or more consecutive days, and a "temporary
basis" means 14 or more aggregate days during any calendar year or
four or more consecutive or nonconsecutive days in any month. A person
may have more than one residence and may be mobile or transitory.
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 sexually violent offense and/or a crime against children.
Has the meaning specified in § 980.01(6), Wis.
Stats., as amended.
A.
Child safety zone restriction. Subject to the definitions in § 160-2 and the exceptions in Subsection C below, no sex offender shall establish or maintain a permanent or temporary residence within a child safety zone or any other place designated by the Village as a place where children are known to congregate.
B.
Measurement of distance; map. For purposes of this chapter, distance
shall be measured in a straight line from the closest boundary line
of the real property upon which the permanent residence or temporary
residence is located to the closest boundary line of a child safety
location. The Village Clerk shall maintain an official map showing
prohibited locations as defined in this chapter. The Clerk shall update
the map at least annually to reflect any changes in prohibited locations
and safety zones.
C.
Residency restriction exceptions. A sex offender residing within
a prohibited area as described in this chapter does not commit a violation
of this chapter if any of the following apply:
(1)
The sex 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 this chapter (that
being December 1, 2015).
(2)
The sex offender is a minor who is not required to register under
§ 301.45 or 301.46, Wis. Stats.
(3)
The child safety location use was established after the sex offender
established a residence at the location.
(4)
The sex offender establishes a permanent residence or temporary residence
at a qualified dwelling that is occupied by a member of the sex offender's
immediate family. For purposes of this chapter, a "member of the sex
offender's immediate family" means the sex offender's current
spouse, mother, father, brother, sister, child or grandparent. A "qualified
dwelling" is a residence where the sex offender's immediate family
member has resided continuously for a period of more than one year
at the time the sex offender occupies the residence.
(5)
The sex offender's residence is within a jail, juvenile facility,
or other correctional facility at which the sex offender is serving
a court-ordered sentence.
A.
A sex offender present in an area otherwise prohibited by this chapter
does not commit a violation if any of the following apply:
(1)
The property supporting the child safety location use also supports
a church, synagogue, mosque, temple or other place of religious worship,
subject to the following conditions:
(a)
Entrance and presence on the property may occur only during
hours of worship or other religious program or service; and
(b)
Written advance notice is made from the sex offender to a person
in charge of the place of religious worship and approval from the
person in charge of the place of religious worship as designated by
the place of religious worship is made in return, of the attendance
by the sex offender; and
(c)
The sex offender may not participate in any religious education
programs that include individuals under the age of 18.
B.
The property supporting the child safety location use also supports
a use lawfully attended by the sex offender's natural or adopted
child or children, which child's use reasonably requires the
attendance of the sex offender, provided that the entrance and presence
on the property occurs only during hours of activity related to the
use by the child or children.
C.
The property supporting the child safety location use also supports
a polling location in a local, state or federal election, subject
to the following conditions:
D.
The property supporting the child safety location use also supports
a school lawfully attended by the sex offender as a student, provided
that the sex offender may only remain on the property at such times
that are reasonably required for his or her educational purposes
E.
The property supporting the child safety location use also supports
a governmental building, provided that the sex offender vacates the
property immediately after completing the activity that required his
or her presence at the property.
F.
The sex offender was exercising his or her First Amendment rights
protected by the United States Constitution or Wisconsin Constitution,
including freedom of speech and the right of assembly.
It is unlawful for a sex offender to participate in any public
holiday event in the Village involving children under 18 years of
age where the distributing of candy or other items to children takes
place, including, but not limited to, holiday parades and similar
gatherings, Halloween trick-or-treating, wearing a Santa Claus costume
in a public place on or during any of the six weeks preceding Christmas,
wearing an Easter Bunny costume on or during any of the six weeks
preceding Easter, or engaging in any other similar types of activity
that may, under the circumstances then present, tend to entice a child
to have contact with the sex offender. Holiday events in which the
sex offender is the parent or legal guardian of the child or children
involved, and no other children are present, are exempt from this
section.
It is unlawful for any sex offender to loiter or prowl in a
child safety location in a place, at a time, or in a manner not usual
for law-abiding individuals under circumstances that warrant alarm
for the safety of children 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 law enforcement
officer, refuses to identify himself or herself or manifestly endeavors
to conceal himself or herself or any object. Unless flight by an actor
or other circumstances makes it impractical, a law enforcement 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 or her to identify himself or herself
or explain his or her presence and conduct at the child safety location.
No person shall be convicted of an offense under this section if the
law enforcement 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 law enforcement at the time, would have
dispelled the alarm.
It is unlawful to let or rent any place, structure or part thereof,
manufactured home, 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 the terms of this chapter, if such
place, structure or part thereof, manufactured home, trailer or other
conveyance is located within a child safety zone.
A.
A sex offender may seek an exemption from this chapter by appealing
to the Village Board. The appeal shall be made in writing by the sex
offender to the Village Clerk, who shall forward the appeal to the
Village Board. The Village elects not to be bound by Chapter 68, Wis.
Stats., with respect to the administrative procedure in the appeal
process.
B.
The Village Board shall hold a hearing on an appeal to conduct an
individual risk assessment, during which the Village Board may review
any pertinent information and may accept oral and written statements
from any person. The sex offender that filed the appeal shall appear
at any hearing, unless otherwise approved by the Village Board. The
Village Board shall consider the public interest as well as the appellant's
presentation and concerns, giving the appellant a reasonable opportunity
to be heard. The Village Board shall consider the specific facts and
circumstances of each appellant and determine whether the appellant
presents a threat to public safety if he or she resides at the proposed
location. The Village Board shall consider factors which may include,
but are not limited to: circumstances surrounding the offense; relationship
of the appellant and victim; presence or use of force; presence of
enticement; need to protect the victim or similarly situated individuals;
current dangerousness of the appellant; proximity in time from the
original offense; any criminal offenses or ordinance or rule violations
committed since the original offense, including failure to register
or comply with restrictions set by a bond, parole or probation; time
out of incarceration; current supervision status by the Department
of Corrections; counseling and treatment history; credibility of the
appellant; remorse; proximity of the proposed residence to a child
safety zone; support network of the appellant near the proposed residence;
and alternative housing options.
C.
The Village Board shall decide by majority vote of the Trustees in
attendance at the hearing whether to grant or deny an exemption. An
exemption may be unconditional or may be conditioned to a certain
address or period of time, or such other conditions as the Village
Board deems appropriate. The Village Board shall provide a written
copy of its decision, containing the reasons for its decision, to
the appellant either by personal delivery or first-class mail. If
an exemption is granted to an appellant and the appellant subsequently
voluntarily moves out of the Village and later desires to resume residency
in the Village, the appellant must file a new appeal with the Village
requesting an exemption. The decision of the Village Board may be
appealed to the Ozaukee County Circuit Court by any aggrieved party
within 30 days of filing of the final written decision in the Village
Clerk's office. The review shall be a review by certiorari, and
the Circuit Court may affirm or reverse the Village Board's decision
or remand to the Village Board for further proceedings consistent
with the court's decision.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the provisions of this chapter, the Village hereby
exempts and may not enforce any provision of this chapter that restricts
or prohibits a sex offender from residing at a particular 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.
A.
Forfeitures. Any person who shall violate any provision of this chapter
shall, upon conviction thereof, forfeit not less than $500 nor more
than $1,000, together with the costs of prosecution, for each such
offense, and in default of payment of such forfeiture and costs of
prosecution shall be imprisoned in the county jail until such forfeiture
and costs are paid, but not exceeding 90 days. Each violation and
each day a violation continues or occurs shall constitute a separate
offense.
B.
Injunction — violations of residence restrictions. If an offender
establishes a permanent or temporary residence in violation of this
chapter, the Village Board may refer the matter to the Village Attorney.
The referral shall include a written determination by the Village
Board that, upon all of the facts and circumstances and the purpose
and intent of this chapter, such violation interferes substantially
with the comfortable enjoyment of life, health, or safety of another
or others. Upon such referral, the Village Attorney shall bring an
action in the name of the Village in circuit court to permanently
enjoin such residency as a public nuisance.
