[HISTORY: Adopted by the Common Council of
the City of Franklin 12-5-2006 by Ord. No. 2006-1901[1]; amended in its entirety 1-9-2007 by Ord. No. 2007-1905. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 167, Sex Offenders, adopted 11-21-2006 by Ord. No. 2006-1895.
This chapter is a regulatory measure aimed at
protecting the health and safety of children in Franklin from the
risk that convicted sex offenders may reoffend in locations close
to their residences. 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.
As used in this chapter and unless the context
otherwise requires:
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)
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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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§ 944.01
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Rape (prior statute)
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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)
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§ 944.11
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Indecent behavior with a child (prior statute)
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§ 944.12
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Enticing child for immoral purposes (prior statute)
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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 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 - of
an included offense
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§ 975.06
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Sex Crimes Law, commitment
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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.
The place where a person sleeps, which may include more than
one location and may be mobile or transitory.
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
A.
A person shall not reside within 2,000 feet of the
real property comprising any of the following:
(1)
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), Stats.; a day care provider
certified under § 48.651, Wis. Stats.; or a youth center,
as defined in § 961.01(22), Wis. Stats.)]; and/or
(2)
Any facility used for:
(a)
A public park, parkway, parkland, park facility;
(b)
A public swimming pool;
(c)
A public library;
(d)
A recreational trail;
(e)
A public playground;
(f)
A school for children;
(g)
Athletic fields used by children;
(h)
A movie theater;
(i)
A day-care center;
(j)
The Milwaukee County Sports Complex and grounds;
(k)
A ski hill open to the public;
(l)
Any specialized school for children, including,
but not limited to, a gymnastics academy, dance academy or music school;
(m)
A public or private golf course or range; and
(n)
Aquatic facilities open to the public.
B.
The distance shall be measured from the closest boundary
line of the real property supporting the residence of a person to
the closest real property boundary line of the applicable above-enumerated
use(s). A map depicting the above-enumerated uses and the resulting
residency restriction distances, as amended from time to time, are
on file in the office of the City Clerk for public inspection.
A person residing within 2,000 feet of the real property comprising any of the uses enumerated in § 167-3, above, does not commit a violation of this chapter if any of the following apply:
A.
The person is required to serve a sentence at a jail,
prison, juvenile facility, or other correctional institution or facility.
B.
The person has established a residence prior to the effective date of this chapter on December 16, 2006, which is within 2,000 feet of any of the uses enumerated in § 167-3, above, or such enumerated use is newly established after such effective date and it is located within such 2,000 feet of a residence of a person which was established prior to the effective date of this chapter.
C.
The person is a minor or ward under guardianship.
In addition to and notwithstanding the foregoing, but subject to § 167-4, above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children shall be permitted to reside in the City of Franklin, unless such person was domiciled in the City of Franklin at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
A.
No person shall enter or be present upon any real
property upon which there exists any facility used for or which supports
a use of:
(1)
A public park, parkway, parkland, park facility;
(2)
A public swimming pool;
(3)
A public library;
(4)
A recreational trail;
(5)
A public playground;
(6)
A school for children;
(7)
Athletic fields used by children;
(8)
A movie theater;
(9)
A day-care center;
(10)
The Milwaukee County Sports Complex and grounds;
(11)
A ski hill open to the public;
(12)
Any specialized school for children, including, but
not limited to, a gymnastics academy, dance academy or music school;
(13)
A public or private golf course or range;
(14)
Aquatic facilities open to the public; and
(15)
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.].
B.
A map depicting the locations of the real property
supporting the above-enumerated uses, as amended from time to time,
is on file in the office of the City Clerk for public inspection.
A person does not commit a violation of § 167-6, 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 under § 167-6, 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 under § 167-6 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 under § 167-6 also supports a polling location in a local, state or federal election, subject to the following conditions:
(1)
The person is eligible to vote;
(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.
D.
The property supporting an enumerated use under § 167-6 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.
[Amended 10-1-2013 by Ord. No. 2013-2116]
If a person violates § 167-3, above, by establishing a residence or occupying residential premises within 2,000 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 chapter 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 Milwaukee County to permanently enjoin such residency as a public nuisance. If a person violates § 167-6 or 167-9, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-19 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 chapter.
[Added 10-1-2013 by Ord. No. 2013-2116]
It is unlawful for any person to actively take part in any public
holiday event involving children under 18 years of age where the distributing
of candy or other items to children takes place, including but not
limited to Halloween trick or treating, holiday parades and other
similar public gatherings. This section does not apply to any event
in which the person is the parent or guardian of the children involved,
and the person's children are the only children present.
