[HISTORY: Adopted by the Common Council of
the City of Oconto Falls as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-17-2012 by Ord. No. 12-003[1]]
[1]
Editor's Note: This ordinance also repealed former Ch.
392, Sex Offenders, consisting of Art. I, Residency Restrictions,
adopted 2-12-2008 by Ord. No. 08-001 (Ch. 46).
This article is created as follows: "Sexual Offender Residency
Restrictions."
A.Â
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who prey on children are sexual predators who
present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses;
and most sexual offenders commit many offenses, have many more victims
that are never reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.Â
It is the intent of this article 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.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
A person or persons under the age of 16.
Any person who is required to register under § 301.46,
Wis. Stats., for any sexual offense against a child or any person
who is required to register under § 301.46, Wis. Stats.
and who has been designated a Special Bulletin Notification (SBN)
sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
A person under the age of 17.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
A place where the 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 a 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.
A.Â
Prohibited location of residence. It is unlawful for any designated
offender to establish a permanent residence or temporary residence
in the City of Oconto Falls within 1,000 feet of any school, church,
park, playground, library, day-care facility or other place where
children normally congregate. The City Administrator will maintain
the official map showing the restricted areas.
B.Â
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving children, such as distributing
candy or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas or wearing an Easter Bunny costume
on or preceding Easter. Holiday events in which the offender is the
parent or guardian of the children involved, and no nonfamilial children
are present, are exempt from this subsection. Participation is to
be defined as actively taking part in the event.
C.Â
Registration. All designated offenders are required to register with
the City Administrator within 30 days of establishing a residence
anywhere in the City of Oconto Falls and must advise the City Administrator
of all changes of address within 30 days of such change.
D.Â
Exceptions. A designated offender residing within the City of Oconto
Falls does not commit a violation of this section if any of the following
apply:
(1)Â
The person established the permanent residence or temporary residence
and reported and registered the residence pursuant to § 301.46,
Wis. Stats, before the effective date of this article.
(2)Â
The person is a minor and is not required to register under § 301.45
or § 301.46, Wis. Stats.
(3)Â
The residence is also the primary residence of the person's
parents, grandparents, siblings, spouse, or children, provided that
such parent, grandparent, sibling, spouse or child established the
residence at least two years before the designated offender established
residence at the location.
A.Â
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 person prohibited
from establishing such permanent residence or temporary residence
pursuant to this article.
The above requirements may be waived upon approval of the Planning
Commission and Common Council through appeal by the affected party.
Such appeal shall be made to the City Administrator, who shall forward
the request to the Planning Commission, which shall receive reports
from the Oconto Falls Police Department on such appeal. The Planning
Commission shall convene and consider the public interest as well
as the affected party's presentation, the sexual offender's
level of supervision and the nature of the offense. After deliberation,
the Planning Commission shall forward its decision in writing to the
City of Oconto Falls Common Council for its information and action.
A written copy of the decisions shall be provided to the affected
party.
A person who violates this chapter shall be punished by a forfeiture
not exceeding $500 plus court costs. Each day of violation of this
article constitutes a separate violation. The City of Oconto Falls
may also seek equitable relief.
The provisions of this article shall be deemed severable and
it is expressly declared that the City of Oconto Falls would have
passed the other provisions of this article irrespective of whether
or not one or more provisions may be declared invalid. If any provision
of this article or the application to any person or circumstance is
held invalid, the remainder of the article or the application of such
other provisions to other persons or circumstances shall not be affected.
This article shall be effective on its date of publication.
