[HISTORY: Adopted by the Common Council of the City of Mayville 9-8-2008 by Ord. No. 1009-2008. Amendments noted where applicable.]
Editor's Note: This chapter was adopted as Ch. 300, but was renumbered to fit into the organizational structure of the Code.
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.
It is the intent of this chapter 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 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.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
- A person under the age of 16 for purposes of this chapter.
- DESIGNATED OFFENDER
- Any person who is required to register under Wis. Stat. § 301.45 for any sexual offense against a child or any person who is required to register under Wis. Stat. § 301.45 and who has been designated a special bulletin notification (SBN) sex offender pursuant to Wis. Stat. § 301.46(2) and (2m).
- 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 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.
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 1,200 feet of any school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate.
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 subsection. Participation is to be defined as actively taking part in the event.
Measurement of distance.
For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City where children are known to congregate.
The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The 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.
Penalties. A person who violates this section shall be punished by a forfeiture not exceeding $500. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. The City may also seek equitable relief.
Exceptions. A designated offender residing within a prohibited area as described in Subsection A does not commit a violation of this section if any of the following apply:
The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stat. § 301.45 before the effective date of this chapter.
The person is a minor and is not required to register under Wis. Stat. § 301.45 or § 301.46.
The school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate within 1,200 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. Stat. § 301.45.
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.
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 chapter, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in § 357-3A.
The above requirements may be waived upon approval of the Sex Offender Residence Board (See § 22-15.) through written appeal by the affected party. Such appeal shall be made in writing to the City Clerk within 10 days of the decision being appealed. The Clerk shall forward the appeal to the Sex Offender Residence Board, which shall receive reports from the Police Department on such appeal. The Board shall convene and consider the public interest as well as the affected party's presentation and concerns. After deliberation, the Board shall forward its decision in writing to the Mayville Police Department for its information and action. A written copy of the decision shall be provided to the affected party.
The provisions of this chapter shall be deemed severable and it is expressly declared that the Common Council would have passed the other provisions of this chapter irrespective of whether or not one or more provisions may be declared invalid. If any provisions of this chapter or the application to any person or circumstance is held invalid, the reminder of the chapter or the application of such other provisions to other persons or circumstances shall not be affected.