As used in this chapter, the following words, terms, and phrases
shall have the meanings ascribed to them.
CHILD(REN)
A person(s) under the age of 18 years of age.
CHILD SAFETY ZONE
A.
The building, facilities and improvements, and the legal parcel
of real property on which they are situated, to the extent the property
is within the City, that are used for or which supports a use set
forth below.
(1)
A public park (inclusive of any swimming or aquatic facility
within), playground, parkway, parkland, athletic field, recreational
trail, or park facility;
(2)
Any site, facility, or premise operated by the Boy Scouts of
America, the Girl Scouts of America, or any similar organization of
which a child is or may be a member;
(3)
Public or private schools for children;
(5)
Any specialized school or facility for children, including but
not limited to, gymnastics schools, dance academies, and music academies;
(6)
The ChocolateFest grounds during any period of time in which
a festival or other public entertainment is in progress, and at which
children are present;
(7)
Any other facility for children, including any public or private
school or group home within the meaning of § 48.02(7), Wis.
Stats., residential care centers for children and youth within the
meaning of § 48.02(15d), Wis. Stats., a shelter care facility
within the meaning of § 48.02(17), Wis. Stats., a foster
home within the meaning of § 48.02(6), Wis. Stats., a treatment
foster home within the meaning of § 48.02(17q), Wis. Stats.,
daycare centers licensed under § 48.65, Wis. Stats., daycare
programs established under § 120.13(14), Wis. Stats., daycare
providers certified under § 48.651, Wis. Stats., or a youth
center as defined in § 961.01(22), Wis. Stats.
B.
The City shall maintain an official map showing child safety
zones. The City will update the map at least annually to reflect any
changes in the locations of child safety zones. The map shall be available
at the City Hall, at the City of Burlington Police Department, and
on the City's official website. In the event of any conflict
between the map and this chapter, the chapter shall control.
LOITER
Shall have the same meaning as set forth in §
204-1 of the City of Burlington Ordinances, and as may be amended or renumbered from time to time.
RESIDENCE
Any place where a person, either temporarily or permanently,
lodges, abides, or resides.
CHILD SEX OFFENDER
A.
A person required to register under § 301.45, Wis.
Stats., if the sex offense which requires registration involved a
child; or
B.
A person that has been convicted of, or has been found delinquent
for, or has been found not guilty by reason of disease or mental defect,
of a sexually violent offense, regardless of the age of the victim.
SEX OFFENSE
An offense defined as a "sex offense" by § 340.45(b),
Wis. Stats.
WISCONSIN STATUTES
All references to the Wisconsin Statute(s) in this chapter
shall mean the statute(s) as in effect when this chapter is adopted,
and shall include any amendment to or renumbering of the statute(s)
after the adoption of this chapter.
If a child sex offender violates the provisions of this chapter, such offender shall be subject to the general penalty provisions set forth under Chapter
1, §
1-4 of this Municipal Code (and/or as the same may be amended or renumbered in the future). Each day a violation continues shall constitute a separate offense. In addition, the City may undertake all other legal and equitable remedies available (including, but not limited to, obtaining injunctive relief and/or a restraining order against a child sex offender).
If any provision of this chapter is found invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other
provisions of this chapter.