A. 
The Village Board finds that repeat sexual offenders who use physical violence and sexual offenders who prey on children are sexual offenders 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 than are ever 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. 
It is not the intent of the Village Board to punish sex offenders, but rather to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Village of Darien by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders are prohibited from establishing temporary or permanent residence.
C. 
Due to the high rate of recidivism for sexual offenders, and because reducing both opportunity and temptation would help minimize the risk of reoffense, there is a compelling need to protect children where they congregate or play in public places.
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 years.
DOMICILE
An individual's fixed and permanent home where the individual intends to remain permanently and indefinitely and to which, whenever absent, the individual intends to return, except that no individual may have more than one domicile at any time. Domicile is not a residence for any special or temporary purpose.
PERMANENT RESIDENCE
A place where a person abides, lodges or resides for 14 or more consecutive days.
SEX OFFENDER
Any person who is required to register under Wis. Stats., Section 301.45, for any offense against a child, or any person who has been convicted of, or found not guilty by reason of mental disease or defect and placed on lifetime supervision under Wis. Stats., Sec. 971.17(1j), for the following offenses:
A. 
Section 940.225(1), First degree sexual assault;
B. 
Section 940.225(2), Second degree sexual assault;
C. 
Section 940.225(3), Third degree sexual assault;
D. 
Section 940.22(2), Sexual exploitation by therapist;
E. 
Section 940.30, False imprisonment-victim was minor and not the offender's child;
F. 
Section 940.31, Kidnapping-victim was minor and not the offender's child;
G. 
Section 944.01, Rape (prior statute);
H. 
Section 944.10, Sexual intercourse with a child (prior statute);
I. 
Section 944.06, Incest;
J. 
Section 944.11, Indecent behavior with a child (prior statute);
K. 
Section 944.12, Enticing child for immoral purposes (prior statute);
L. 
Section 948.02(1) and (2), First and Second Degree Sexual Assault of a Child;
M. 
Section 948.025, Engaging in repeated acts of sexual assault of the same child;
N. 
Section 948.05, Sexual exploitation of a child;
O. 
Section 948.055, Causing a child to view or listen to sexual activity;
P. 
Section 948.06, Incest with a child;
Q. 
Section 948.07, Child enticement;
R. 
Section 948.075, Use of a computer to facilitate a child sex crime;
S. 
Section 948.08, Soliciting a child for prostitution;
T. 
Section 948.095, Sexual assault of a student by school instructional staff;
U. 
Section 948.11(2)(a) or (am), Exposing child to harmful material-felony section;
V. 
Section 948.12, Possession of child pornography;
W. 
Section 948.30, Abduction of another's child;
X. 
Section 971.17, Not guilty by reason of mental disease-of an included offense; and
Y. 
Section 975.06, Sex crimes law commitment.
SEXUALLY VIOLENT OFFENSE
Shall have the meaning as set forth in Section 980.01(6), Wis. Stats., as amended from time to time.
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 four or more consecutive or nonconsecutive days in any month and which is not the person's permanent address.
A. 
In absence of a Circuit Court order specifically exempting a sexual offender from the residency restriction in this subsection, a sexual offender shall not establish a permanent or temporary residence within 1,000 feet of the real property comprising any of the following:
1. 
Any facility for children [which means a public or private school; 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 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/or
2. 
Any facility used for:
a. 
A public park or 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. 
An athletic field used by children;
h. 
A movie theater;
i. 
A day-care center;
j. 
A ski and/or sledding hill open to the public;
k. 
Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;
l. 
A public or private golf course or range; and
m. 
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, shall be maintained on an official map in the office of the Village Clerk for public inspection. The Village 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.
A sex offender residing within a prohibited area as described in above Section 9.29.030 does not commit a violation of this chapter if any of the following apply:
A. 
The person established a permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats., Section 301.45, before the effective date of this section.
B. 
The person was under 17 years of age and is not required to register under Wis. Stats., Section 301.45 or 301.46.
C. 
The person is required to serve a sentence at a jail, juvenile facility or other correctional institution or facility.
D. 
The person is a minor or ward under guardianship.
In addition to and notwithstanding the residency restrictions set forth herein, and subject to Section 9.29.040 above, no sex offender shall be permitted to reside in the Village of Darien unless such person was domiciled in the Village of Darien at the time of the offense resulting in the person's most-recent conviction, commitment or placement as a sex offender as set forth in Section 9.29.040 above.
A. 
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, parkland, or 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. 
An athletic field used by children;
8. 
A movie theater;
9. 
A day-care center;
10. 
A ski and/or sledding hill open to the public;
11. 
Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;
12. 
A public or private golf course or range;
13. 
Aquatic facilities open to the public;
14. 
Any facilities for children [which means a public or private school; 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 § 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, shall be kept on file in the office of the Village Clerk and be available for public inspection.
C. 
Exceptions. The prohibitions set forth in Subsection A above shall not apply where the actor was with his or her parent or other adult person having his or her care, custody or control or the actor was exercising First Amendment rights protected by the United States Constitution, including freedom of speech, free exercise of religion and the right of assembly.
A person does not commit a violation of Section 9.29.060 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 Section 9.29.060 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 Section 9.29.060 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 the 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 Section 9.29.060 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, 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 Section 9.29.060 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.
A. 
A person who violates provisions of Section 9.29.030 and 9.29.050 above shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation. Each day a violation continues shall constitute a separate offense. The Village may also seek equitable relief, including an injunction to gain compliance.
B. 
Any person violating Section 9.29.060 of this chapter shall forfeit not less than $1,000 and no more than $2,000 for each violation.
C. 
In addition, if a person violates Section 9.29.030 above, by establishing a residence or occupying a residential premises within 1,000 feet of those premises as described herein, without any exception(s) as also set forth above, the Village 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 Village in the Circuit Court for Walworth County to permanently enjoin such residency as a public nuisance.
A. 
A person may seek an exemption from this chapter by appealing to the Village of Darien Village Board ("the Board"). The Board shall approve of an official appeal form. A person shall completely fill in the official form and submit it to the Village Clerk, who shall forward it to the Board. The Board shall hold a hearing on each appeal, during which the Board may review any pertinent information and may accept oral and written statements from any person. The Board shall base its decision on whether the offender has shown remorse, has rehabilitated, could reoffend, and any other factors related to the Village's interest in promoting, protecting and improving the public health, safety, and welfare of the community.
B. 
The Board shall decide by majority vote whether to grant or deny an exemption. An exemption may be unconditional or limited to a certain address or a certain period of time. A written copy of the decision shall be provided to the offender.