City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.04, 9.05, 9.08 through 9.15, 9.18, 9.21 through 9.23, 9.35 and 10.09 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 93.
Drugs and drug paraphernalia — See Ch. 100.
Firearms and weapons — See Ch. 121.
Intoxicating liquor and fermented malt beverages — See Ch. 152, § 152-4.
Adult-oriented establishments — See Ch. 152, § 152-17.
Minors — See Ch. 161.
Noise — See Ch. 171.
Nuisances — See Ch. 175.

§ 188-1 Disorderly conduct prohibited.

No person shall within the City:
A. 
In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person.
B. 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
C. 
Use any weapon in such a manner as to frighten any person or otherwise disturb the peace and good order of the City.
D. 
By means of electronic communications of any form originated within the City or outside the City, but received by a person within the City:
[Amended 12-8-2009 by Ord. No. 2421]
(1) 
Make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent.
(2) 
Make a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers.
(3) 
Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) 
Make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) 
Knowingly permit any telephone under his control to be used for any purpose prohibited by this section.
(6) 
In conspiracy or concerted action with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number or numbers.

§ 188-2 Assault and battery.

No person shall commit an assault or battery upon another.

§ 188-3 Refusing to aid officer; resisting or obstructing officer.

A. 
No person shall, without reasonable excuse, refuse or fail, upon command, to aid any person known by the person to be a police officer. This section does not apply if, under the circumstances, the officer was not authorized to command such assistance.
B. 
No person shall knowingly resist or obstruct an officer while such officer is doing any act in an official capaCity and with lawful authority.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OBSTRUCTS
Includes without limitation knowingly giving false information to the officer with intent to mislead him in the performance of his duty or refusing to obey an officer doing any act in an official capaCity.
OFFICER
A peace officer or other public officer or public employee having the authority by virtue of his office or employment to take another into custody or to issue a summons or citation for violations of municipal ordinances.

§ 188-4 Gambling, lotteries, fraudulent devices and practices.

All forms of gambling, lotteries and fraudulent devices and practices, except those permitted by state law, are prohibited within the City. Any police officer or policeman of the City shall seize anything devised solely for gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

§ 188-5 Prostitution.

No person shall operate or be an inmate of a house of prostitution or engage in prostitution within the City.

§ 188-6 Loitering.

A. 
Loitering or prowling. No person shall loiter or prowl 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 persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person 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 person or other circumstances makes it impracticable, a police or peace officer shall prior to any arrest for an offense under this section afford the person 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 person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.
D. 
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.
E. 
Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

§ 188-7 Indecent conduct and language.

No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the City.

§ 188-8 Exposing minors to harmful materials.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARMFUL TO MINORS
That quality, of any description or representation, in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, and which:
(1) 
When taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient or morbid interest of minors.
(2) 
Depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse, in a patently offensive way, with respect to what is suitable material for minors.
(3) 
When taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or belief or grounds for belief which warrants further inspection or inquiry, or both, with respect to:
(1) 
The character and content of any material described herein which is reasonably susceptible of examination by the defendant.
(2) 
The age of a minor, provided however that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female.
SEXUAL CONTENT
Includes poses or presentations of a person or persons over the age of puberty depicted in such a manner as to appeal to the lust of minors; or, such pose or presentation of a person or persons when shown in such posture or manner that the viewer's attention or concentration is primarily focused on that person's or persons' genitals, pubic area, buttocks or female breasts and which would appeal to the lust of minors or to their curiosity as to sex or to the anatomical differences between the sexes and which are to be distinguished from the objective and actual presentation of the facts, causes, functions or purposes of the subject of the writing or presentation such as to be found in a bona fide medical or biological textbook.
[Amended 6-19-2001 by Ord. No. 2142]
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
B. 
Prohibitions.
(1) 
No person shall knowingly sell, give away, display or permit to be displayed to a minor:
(a) 
Any picture, photograph, drawing, sculpture, motion picture, film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct as defined above in Subsection A in the definitions of "sexual conduct" and "sexual content."
(b) 
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection B(1)(a) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement or sexual conduct or content, and which, taken as a whole, are harmful to minors.
(2) 
No person shall have in his possession with intent to transfer or exhibit to a person under the age of 18 years any matter prohibited by this section.

§ 188-9 Indecent advertising.

No person shall, within the City, display any indecent advertisement.

§ 188-10 Viewer-discretion-labeled materials.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and content of the material.
MINOR
Any person under the age of 18 years.
PERSON
Any individual, partnership, firm, association, corporation, or other legal entity.
VIEWER-DISCRETION-LABELED MATERIAL
Any book, magazine, newspaper, or other printed or written material, or any picture, drawing, video, photograph, motion picture or other pictorial representation, or any recording, that is labeled "viewer discretion," "viewer discretion advised," or any deviation thereof.
B. 
Dissemination restricted. No person shall knowingly disseminate viewer-discretion-labeled material by placing or leaving such material on or about any private residence in the City, unless such viewer-discretion-labeled material is personally delivered in hand to a person of at least 18 years of age from the private residence without objection. If no one 18 years of age or older is on said premises to accept such material, written notification of where the viewer discretion-labeled-material may be obtained by someone 18 years of age or older may be left.
C. 
Exception. This section shall not apply to viewer-discretion-labeled material that is specifically addressed to a member of the residence over the age of 18 years.

§ 188-11 Destruction of property.

A. 
No person shall willfully injure or intentionally deface, destroy, take or meddle with any property of any kind or nature belonging to the City or its departments or to any private person without the consent of the owner or proper authority.
B. 
No person shall willfully, maliciously or wantonly and without cause with a motor vehicle deface, destroy, take or meddle with or injure any tree, shrub, grass, turf, plants, crops or soil belonging to the City or its departments or to any private person without the consent of the owner or proper authority.

§ 188-12 Trespass to land.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DWELLING UNIT
A structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
IMPLIED CONSENT
Conduct or words, or both, that imply that an owner or occupant of land has given consent to another person to enter the land.
INHOLDING
A parcel of land that is private property and that is surrounded completely by land owned by the United States, by this state or by a local governmental unit, or any combination of the United States, this state and a local governmental unit.
LOCAL GOVERNMENTAL UNIT
A political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.
PLACE OF EMPLOYMENT
Has the meaning given in § 101.01(11), Wis. Stats.
PRIVATE PROPERTY
Real property that is not owned by the United States, this state or local governmental unit.
UNDEVELOPED LAND
Land that meets all of the following criteria:
(1) 
The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.
(2) 
The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.
(3) 
The land is not occupied by a public building.
(4) 
The land is not occupied by a place of employment.
B. 
Whoever does any of the following is subject to the penalties provided in § 188-16:
(1) 
Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped land specified in Subsection B(4) or (5), without the express or implied consent of the owner or occupant.
(2) 
Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.
(3) 
Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.
(4) 
Enters or remains on undeveloped land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.
(5) 
Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.
C. 
In determining whether a person has implied consent to enter the land of another, a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:
(1) 
Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.
(2) 
The customary use, if any, of the land by other persons.
(3) 
Whether the owner or occupant represented to the public that the land may be entered for particular purposes.
(4) 
The general arrangement or design of any improvements or structures on the land.
D. 
A person has received notice from the owner or occupant within the meaning of Subsection B(3), (4) or (5) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:
(1) 
If a sign at least 11 inches square is placed in at least two conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subsection were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subsection.
(2) 
If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least two conspicuous places for every 40 acres to be protected.
E. 
Whoever erects on the land of another signs which are the same as or similar to those described in Subsection D without obtaining the express consent of the lawful occupant of or a holder of legal title to such land is subject to the penalties provided in § 188-16.
F. 
An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions, and it is a violation of Subsection B(1) or (2) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.
G. 
No person shall drive upon the lawn, yard or grounds of another without his prior consent. This prohibition shall extend to publicly as well as privately owned property. Violators shall be subject to the penalties provided in § 188-16 and, in addition, shall be liable for the cost of replacing or repairing any private or public property damaged or destroyed while driving in violation hereof. The parents of an unemancipated minor child who violates this section may also be held liable for such cost in accordance with § 895.035, Wis. Stats., and Chapter 161, Minors, § 161-1 of this Code.
H. 
This section does not apply to any of the following:
(1) 
A person entering the land, other than the residence or other buildings of the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under § 29.885(2), (3) or (4), Wis. Stats.
(2) 
A hunter entering land that is required to be open for hunting under § 29.885(4m) or 29.889(7m), Wis. Stats.
I. 
Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with the occupant in the housing area the occupant occupies.

§ 188-13 Theft of property.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOVABLE PROPERTY
Property whose physical location can be changed, without limitation, including electriCity and gas, documents which represent or embody intangible rights and things growing on, affixed to, or found in land.
PROPERTY
All forms of tangible property, whether real or personal, without limitation, including electriCity, gas and documents which represent or embody a chose in action or other intangible rights.
B. 
Unlawful; evidence of retail theft.
(1) 
No person shall take and carry away, use, transfer, conceal or retain possession of movable property of another without the owner's consent and with intent to deprive the owner permanently of possession of such property.
(2) 
The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.

§ 188-14 Open intoxicants in motor vehicles.

No person shall open or transport open containers of fermented malt beverages or intoxicating liquor in any motor vehicle upon any public highway, and the driver of any motor vehicle shall require any person in the motor vehicle to comply with this section and shall be guilty of a violation if any person does not comply.

§ 188-15 Fraud on restaurant owner, innkeeper or service station operator.

A. 
No person who has obtained food, lodging or other service or accommodation at any hotel, motel, boardinghouse, lodging house or restaurant shall intentionally abscond without paying for such food, lodging or other service or accommodation.
B. 
No person who has obtained any gasoline, lubricant or other service from an automotive service station or place of business shall intentionally abscond without paying for such gasoline, lubricant or other service so rendered.
C. 
No person shall enter any place where admission is charged without first paying the admission fee in a manner prescribed by the owner, manager or person apparently in charge of such place. A place where admission is charged shall include, but not be limited to, drive-in theaters, indoor theater houses, athletic events, dances and other outdoor or indoor events where an admission fee is required for entrance.

§ 188-16 Violations and penalties.

A. 
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
B. 
In addition to any penalty imposed for violation of § 188-11 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 188-11 may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

§ 188-17 Sex offenders.

A. 
Findings and intent.
(1) 
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. Indeed, Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons. The purpose of this section is to protect the public, to reduce the likelihood that convicted sex offenders will engage in such conduct in the future.
(2) 
The United States Supreme Court has recognized that the risk of recidivism posed by sex offenders is high, and 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. See Smith v. Doe. 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed. 2d 164 (2003) and McKune v. Lile, 536 U.S. 24, 34, 122 S.Ct. 2017, 153 L.Ed.2d 47 (2002), citing United States Department of Justice Bureau of Justice Statistics, Sex Offenses and Offenders, 27 (1997) U.S. Department of Justice Bureau of Justice Statistics Recidivism of Prisoners Released in 1983 (1997).
(3) 
The Common Council has reviewed research on sex offenders, including the findings of a number of states across the United 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; and in addition, the United States Court of Appeals for the 8th Circuit Decision on Doe v. Miller, 405 F.3d 700, 716 (8th Cir. 2005) providing, in part, "The record does not support a conclusion that the Iowa General Assembly and the Governor acted based merely on negative attitudes toward or fear of, or a bare desire to harm a politically unpopular group (citations omitted). Sex offenders have a high rate of recidivism, and the parties presented expert testimony that reducing opportunity and temptation is important to minimizing the risk of reoffense. Even experts in the field could not predict with confidence whether a particular sex offender will reoffend, whether an offender convicted of an offense against a teenager will be among those who 'cross over' to offend against a younger child, or the degree to which regular proximity to a place where children are located enhances the risk of reoffense against children. One expert in the District Court opined that it is just 'common sense' that limiting the frequency of contact between sex offenders and areas where children are located is likely to reduce the risk of an offense (citations omitted). The policymakers of Iowa are entitled to employ such 'common sense' and we are not persuaded that the means selected to pursue the State's legitimate interest are without rational basis."
(4) 
The Common Council finds that the negative consequences of failing to regulate the movement of sex offenders is a hazard to children and the community. Thus, the Common Council has a duty and need to regulate where sex offenders reside and loiter within the City once they are reintegrated into the community. This section is a regulatory measure aimed at protecting the health and safety of the children in the City of New Berlin from the risk that convicted sex offenders may reoffend in locations close to their residences. It is the intent of this section not to impose a criminal penalty but rather to serve the City's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing residence or loitering; and by regulating certain activities that may be used by sexual offenders to prey on children.
(5) 
The City finds and declares that 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 reoffense, 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 City finds and declares that in addition to schools and day-care centers, children congregate or play at public parks and other child safety locations as defined hereunder.
(6) 
The Common Council notes that § 61.34, Wis. Stats., authorizes the Common Council to enact legislation for the health, safety and welfare of the public. In addition, § 61.34(5), Wis. Stats., notes that the powers, rights and privileges accorded villages under said chapter are to be liberally construed in order to promote the general welfare, peace, good order and prosperity of the City.
(7) 
This section will not apply to sexually violent persons, as defined in § 980.01(7), Wis. Stats., because these persons are controlled under the regulations of § 980, Wis. Stats.
B. 
Definitions. As used in this chapter and unless the context otherwise requires, the following terms shall have the meanings indicated:
CHILD
A person under the age of 18.
CHILD SAFETY LOCATION
The site upon which any of the following are located:
(1) 
A public park, parkway, parkland, park facility;
(2) 
The Community Center;
(3) 
The Hickory Grove Center;
(4) 
A public library;
(5) 
A recreational trail;
(6) 
A public playground;
(7) 
A school for children;
(8) 
Athletic fields used by children;
(9) 
A day-care center;
(10) 
A tutoring facility;
(11) 
Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;
(12) 
Any facility for children (which means a public or private school or 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
(13) 
For-profit children's play facilities.
CHILD SAFETY ZONE
Any place within the City that is physically located within 500 feet of any child safety location.
[Amended 6-28-2017 by Ord. No. 2589][1]
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 special bulletin notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
[Added 6-28-2017 by Ord. No. 2589]
MINOR
A person under the age of 17.
[Added 6-28-2017 by Ord. No. 2589]
PERMANENT RESIDENCE
A place where a person abides, lodges or resides for 14 or more consecutive days.
[Added 6-28-2017 by Ord. No. 2589]
TEMPORARY RESIDENCE
A place where a person 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 address or place where the person routinely abides, lodges or resides for a period of 14 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
[Added 6-28-2017 by Ord. No. 2589]
SEXUALLY VIOLENT OFFENSE
Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.
[1]
Editor’s Note: The former definitions of “crime against children,” “residence,” and “sex offender,” which immediately followed this definition, were repealed 6-28-2017 by Ord. No. 2589.
C. 
Residency restrictions.
[Amended 6-28-2017 by Ord. No. 2589]
(1) 
Child safety zone restriction. Subject to the definitions in § 188-17B, above, and the exceptions set forth in § 188-17D, below, it is unlawful for a designated offender to establish a permanent residence or a temporary residence within a child safety zone or any other place designated by the City as a place where children are known to congregate.
(2) 
Measurement of distance. For purposes of determining the minimum distance separation, the restriction 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 school, licensed daycare center, park, trail, playground, place of worship or any other place designated by the City where children are known to congregate. The City Clerk shall maintain an official map showing prohibited locations as defined by this section. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.
D. 
Residency restriction exemptions.
[Amended 6-28-2017 by Ord. No. 2589]
(1) 
A designated offender residing within a prohibited area, as described above, does not commit a violation of this section if any of the following apply:
(a) 
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 section.
(b) 
The person is a minor and is not required to register under § 301.45 or § 301.46, Wis. Stats.
(c) 
The school, licensed daycare center, park, trail, playground, place of worship or any other place designated by the City as a place where children are known to congregate within 500 feet of the person's permanent or temporary residence was opened after the person established the permanent residence or temporary residence and registered the residence pursuant to § 301.45, Wis. Stats.
E. 
Renting real property. No person shall let or rent any place, structure, or part thereof, trailer, or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by a person prohibited from establishing such permanent or temporary residence pursuant to this section if such place, structure or part thereof, or trailer or other locale is located within a prohibited child safety zone as described hereunder.
[Amended 6-28-2017 by Ord. No. 2589]
F. 
Holiday events and public gatherings:
[Amended 6-28-2017 by Ord. No. 2589]
(1) 
It is unlawful for a designated offender to actively take part in any public holiday event involving children where the distributing of candy or other items to children takes place, including but not limited to holiday parades or similar gatherings, Halloween trick-or-treating, wearing a seasonable costume in a public place, or wearing any other costume reasonably expected to attract children in a public place, or other similar activities that may, under the circumstances then present, tend to entice a child to have contact with a designated offender.
(2) 
Exception. This section does not apply to any event in which the designated offender is the parent or guardian of the child(ren) involved, and the designated offender's child(ren) are the only child(ren) present.
G. 
Loitering.
[Amended 6-28-2017 by Ord. No. 2589]
(1) 
It shall be unlawful for any designated offender as defined in Subsection B, above, to loiter or prowl within 500 feet of any school or school property, recreational trail, playground or park, any specialized school for children, including, but not limited to, gymnastics academy, martial arts academy, dance academy, music school, public beach or public library 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.
(2) 
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 aforementioned locations. 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.
(3) 
An offender does not commit a violation of loitering in a child safety zone as stated above, and the enumerated uses may allow such person on the property supporting such use, if any of the following apply:
(a) 
The property supporting an enumerated use also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
[1] 
Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and
[2] 
Written advance notice is made from the person to an individual in charge of the church, and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and
[3] 
The person shall not participate in any religious education programs, which include individuals under the age of 18.
(b) 
The property supporting an enumerated use also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:
[1] 
Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and
[2] 
Written advance notice is made from the person to an individual in charge of the use upon the property, and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.
(c) 
The property supporting an enumerated use also supports a polling location in a local, state or federal election, subject to the following conditions:
[1] 
The person is eligible to vote; and
[2] 
The designated polling place for the person is an enumerated use; and
[3] 
The person enters the polling place property and proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate, and the person vacates the property immediately after voting; and
[4] 
The property supporting an enumerated use also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
H. 
Child safety zone map. The City Clerk's Office shall maintain an official map showing the child safety zones within the City. The City Clerk's Office shall update the map at least annually to reflect any changes in the location of child safety zones. The map is to be displayed in the office of the City Clerk. In the event of a conflict, the terms of this section shall control. In no event shall a failure to update the map in compliance with this section preclude the persecution or conviction of any sex offender under this section.
I. 
Violations and penalties. If a person violates Subsection C, above, by establishing a residence or occupying residential premises within 500 feet of those premises as described therein, without any exception(s) as also set forth above, the City Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances and the purpose of this section such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health or safety of another or others, shall bring an action in the name of the City in the Circuit Court for Waukesha County to permanently enjoin such residency as a public nuisance. If a person violates Subsections C and G, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-18 of the Municipal Code. Each day a violation continues shall constitute a separate offense. In addition, the City may undertake all other legal and equitable remedies to prevent or remove a violation of this section.
[Amended 6-28-2017 by Ord. No. 2589]
J. 
Sex Offender Residency Appeal Board.
[Added 6-28-2017 by Ord. No. 2589]
(1) 
The above requirements of this section may be waived upon approval of the Sex Offender Residency Appeal Board through an appeal made by the affected party. Such appeal shall be made to the City Clerk's office, who shall forward the request to the Sex Offender Residency Appeal Board, which shall receive reports from the Police Department as to the criminal background of the applicant and the nature and circumstances of the underlying offense requiring the registration under § 301.45 or § 301.46, Wis. Stats. The Board shall convene and shall hear from the applicant, as well as the Police Department or others who would be affected by this decision. The Board shall consider the amount of time which has passed since the original offense was committed; whether there has been evidence of any reoffense; whether the applicant is employed and the duration of that employment; whether the applicant has shown remorse; whether there has been evidence of rehabilitation; and finally, any factors that would suggest a likelihood of reoffense.
(2) 
The Sex Offender Residency Appeal Board shall consist of five City residents appointed by the Mayor of the City and ratified by the Common Council. The members of the Sex Offender Residency Appeal Board shall serve in staggered, three-year terms with the initial Board having two members with three-year terms; two members with two-year terms; and a single member with a one-year term. The Chief of Police will act as a resource to the Appeals Board and will attend its meetings.