Village of Theresa, WI Chapter 282 Sex Offenders

[HISTORY: Adopted by the Village Board of the Village of Theresa as indicated in article histories. Amendments noted where applicable.]

Article I Residency Restrictions

[Adopted 8-6-2007 by Ord. No. 254-29]

§ 282-1 Findings and intent.

A. 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 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 the intent of this article not to impose a criminal penalty 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 by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

§ 282-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CHILD

A person under the age of 16 for purposes of this article.

DESIGNATED OFFENDER

Any person who is required to register under Wis. Stats. 301.45 for any sexual offense against a child or any person who is required to register under Wis. Stats. 301.45 and who has been designated a Special Bulletin Notification (SBN) sex offender pursuant to Wis. Stats. 301.46 (2) and (2m).

MINOR

A person under the age of 17.

PERMANENT RESIDENCE

A place where the person abides, lodges, or resides for 14 or more consecutive days.

TEMPORARY RESIDENCE

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 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.

§ 282-3 Prohibition; penalties; exceptions.

A. Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 1,000 feet of any school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the Village as a place where children are known to congregate.

B. Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, 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 paragraph. Participation is to be defined as actively taking part in the event.

C. Measurement of distance.

(1) For purpose of determining the minimum distance of separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the Village where children are known to congregate.

(2) The Village Clerk shall maintain an official map showing prohibited locations as defined by this article. The Clerk shall update the map annually to reflect any changes in location of prohibited zones. These shall be designated on the map as child safety zones.

D. Violations and penalties.

(1) A person who violates this section shall be punished by forfeiture not exceeding $500 plus costs.

(2) Each day a person maintains a residence in violation of this article constitutes a separate violation. The Village may also seek equitable relief.

E. Exceptions. A designated offender residing within a prohibited area as described in § 282-3A does not commit a violation of this article if any of the following apply:

(1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats. 301.45 before the effective date of this article.

(2) The person is a minor and is not required to register under Wis. Stats. 301.45 or 301.46.

(3) The school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the Village as a place where children are known to congregate within 1,000 feet of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats. 301.45.

(4) 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.

§ 282-4 Property owners prohibited from renting to certain sexual offenders and sexual predators; penalties.

A. It is unlawful to lease 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, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone as described in § 282-3A.

B. A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions in § 282-3D as provided in this article.

§ 282-5 Appeal.

A. The Public Safety Committee shall be initially responsible for the review and recommendation to the Village Board on any ordinance appeals concerning sexual offender residency.

B. The ordinance may be waived upon approval of the Village Board through the appeals process by the affected party. Such appeal must be made in writing to the Village Clerk's Office.

C. The Clerk shall forward the appeal to the Public Safety Committee. The Public Safety Committee shall then convene in open session and consider the public interest and appeal of the petitioner. After deliberation, the Public Safety Committee shall forward its recommendation to the Village Board.

D. The Village Board shall convene in open session to review the recommendation. After deliberation, the Board shall forward its decision in writing to the affected party and the Police Department.