[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 8-28-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted
as Ch. 129, but was renumbered to fit into the organizational structure
of the Code.
The Village finds and declares that sex offenders
are a serious threat to public safety. When convicted sex offenders
re-enter society, they are much more likely than any other type of
offender to be re-arrested for a new sexually based crime. 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. The Village finds and declares that, in addition to schools and
day-care centers, children congregate or play in a number of public
places, including public parks and other facilities for children.
It is the intent of this chapter to serve the Village's compelling
interest to promote, protect, and improve the health, safety, and
welfare of Village citizens by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders are prohibited from entering or establishing residency.
As used in this chapter, the following terms
shall have the meanings indicated:
Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other state or federal
government, having like elements necessary for conviction, respectively:
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§ 940.225(1)
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First Degree Sexual Assault
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§ 940.225(2)
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Second Degree Sexual Assault
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§ 940.225(3)
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Third Degree Sexual Assault
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§ 940.22(2)
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Sexual Exploitation by Therapist
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§ 940.30
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False Imprisonment - Victim was Minor and Not
the Offender's Child
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§ 940.31
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Kidnapping - Victim was Minor and Not the Offender's
Child
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§ 944.02
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Rape (prior statute, see now § 940.225)
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§ 944.06
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Incest
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§ 944.10
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Sexual Intercourse with a Child (prior statute,
see now § 948.02)
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§ 944.11
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Indecent Behavior with a Child (prior statute,
see now § 948.02)
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§ 944.12
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Enticing Child for Immoral Purposes (prior statute,
see now § 948.07)
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§ 948.02(1)
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First Degree Sexual Assault of a Child
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§ 948.02(2)
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Second Degree Sexual Assault of a Child
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§ 948.025
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Engaging in Repeated Acts of Sexual Assault
of the Same Child
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§ 948.05
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Sexual Exploitation of a Child
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§ 948.055
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Causing a Child to View or Listen to Sexual
Activity
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§ 948.06
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Incest with a Child
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§ 948.07
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Child Enticement
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§ 948.075
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Use of a Computer to Facilitate a Child Sex
Crime
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§ 948.08
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Soliciting a Child for Prostitution
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§ 948.095
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Sexual Assault of a Student by School Instructional
Staff
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§ 948.11(2)(a)or(am)
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Exposing a Child to Harmful Material felony
sections
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§ 948.12
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Possession of Child Pornography
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§ 948.13
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Convicted Child Sex Offender Working with Children
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§ 948.30
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Abduction of Another's Child
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§ 971.17
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Not Guilty by Reason of Mental Disease or an
Included Offense
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§ 975.06
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Sex Crime Law Commitment
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A place where a person sleeps, abides, lodges, or resides
either on a permanent or temporary basis. For purposes of this chapter,
a "permanent residence" means a place where the person sleeps, abides,
lodges, or resides for 14 or more consecutive days, and a "temporary
residence" means a place that is not a permanent residence and is
a place where the person sleeps, abides, lodges or resides for a period
of 14 or more days in the aggregate during any calendar year or four
or more days in any month. A residence 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.
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats. as amended from time to time.
Any real property that supports or upon which there exists
any facility used for or that supports a school for children, a public
park, park facility, pathway or a day-care center.
B.
The distance shall be measured from the closest boundary line of the real property supporting the residence of a sex offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection A above.
C.
It is unlawful to let or rent any place, structure, or part thereof with the knowledge that it will be used as a residence by a sex offender if such place, structure, or part thereof is located within 1,500 feet of any of the uses enumerated in Subsection A above. A person letting or renting a place or structure shall be deemed to have such knowledge if, at least 10 days prior to letting or renting the place, the sex offender's name appears on the Wisconsin Department of Corrections sex offender registry and the person letting or renting the place knew the sex offender would be residing at the subject place or structure.
D.
Residency restriction exceptions. A sex offender residing within 1,500 feet of any real property that supports or upon which there exists any of the uses enumerated in Subsection A above does not commit a violation of this chapter if any of the following apply:
(1)
The sex offender established, reported and registered
a residence pursuant to § 301.45, Wis. Stats., prior to
the effective date of this chapter.
(2)
The use enumerated in Subsection A above is commenced after the sex offender established a residence and reported and registered that residence pursuant to § 301.45, Wis. Stats.
(3)
The convicted sex offender is a minor or ward under
guardianship.
A.
A sex offender shall not enter upon or be present
upon or within a safety zone.
B.
Safety zone exceptions. A sex offender who enters
upon or who is present upon or within a safety zone does not commit
a violation of this chapter if any of the following apply:
(1)
The property also supports a church, synagogue, mosque,
temple or other house of religious worship, subject to all of the
following conditions:
(2)
The property also supports a use lawfully attended
by a sex offender's natural or adopted child(ren), which child's use
reasonably requires the attendance of the sex offender as the child's
parent upon the property, subject to the following condition:
(a)
The sex offender's entrance and presence upon
the property occurs only during hours of activity related to the use
as posted to the public.
(3)
The property also supports a polling location in a
local, state or federal election, subject to all of the following
conditions:
(a)
The sex offender is eligible to vote;
(b)
The property is the designated polling place
for the sex offender; and
(c)
The sex offender enters the polling place property,
proceeds to cast a ballot with whatever usual and customary assistance
is available to any member of the electorate, and vacates the property
immediately after voting.
(4)
The property also supports a school lawfully attended
by a sex offender as a student, under which circumstances the sex
offender may enter upon the property supporting the school at which
the sex offender is enrolled, for such purposes and at such times
as are reasonably required for the educational purposes of the school.
(5)
The property also supports a court, government office
or room for public governmental meetings, subject to all of the following
conditions:
A.
Forfeitures. Any person who shall violate any provision
of this chapter or any regulation, rule or order made herein shall
be subject to a forfeiture as set by resolution and amended from time
to time. Each day a violation continues shall constitute a separate
offense. Neither the issuance of a citation nor the imposition of
forfeiture hereunder shall preclude the Village from seeking or obtaining
any or all other legal and equitable remedies to prevent or remove
a violation of this chapter.
B.
Injunction. If an offender establishes a residence in violation of § 234-3 above, or enters or is present upon or within a safety zone in violation of § 234-4 above, the Village Attorney may bring an action in the name of the Village in Circuit Court to permanently enjoin any such violation as a public nuisance.
[Amended 10-27-2009]
