The Village of Argyle 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 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 cares, 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:
CHILD or CHILDREN
A person(s) under the age of 18 years for the purpose of
this chapter.
CHILD SAFETY ZONE
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.
MINOR
A person under the age of 17 years.
RESIDENCE
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.
SEX OFFENDER
A.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
is subject to the special bulletin notification process set forth
in § 301.46(2) and (2m), Wis. Stats.;
B.
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
C.
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
It is unlawful for any designated sex offender to participate
in a holiday event in the Village of Argyle involving one or more
children by means of distributing candy or other items to such child
or children on Halloween; wearing a Santa Claus costume on or during
any of the 30 days preceding Christmas; wearing an Easter Bunny costume
on or during any of the 30 days preceding Easter; or by engaging in
any other similar type(s) of activity that may, under the circumstances
then present, tend to entice a child to have contact with a designated
sex offender. Holiday events in which the designated sex offender
is the parent or legal guardian of the child or children involved,
and no other children are present, are exempt from this section.
Consistent with state requirements, the state agency working
with the sex offender must notify the Chief of Police a minimum of
28 days' prior to establishing either a permanent residence or
temporary residence within the Village of Argyle.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the foregoing provisions of this chapter, the
Village of Argyle hereby exempts and may not enforce any portion thereof
that restricts or prohibits a sex offender from residing at a certain
location or that restricts or prohibits a person from providing housing
to a sex offender against an individual who is released under § 980.08,
Wis. Stats., or against a person who provides housing to such individual,
so long as the individual is subject to supervised release under Ch.
980, Wis. Stats., the individual is residing where he or she is ordered
to reside under § 980.08, Wis. Stats., and the individual
is in compliance with all court orders issued under Ch. 980, Wis.
Stats.