[HISTORY: Adopted by the Village Board of
the Village of Greendale 9-2-2008 by Ord. No. 843; amended in its entirety 9-18-2018 by Ord. No. 898.[1] Subsequent amendments noted where applicable.]
[1]
Part 3 of this ordinance states: "The provisions of this Chapter 28 of the Village of Greendale Village Code, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals."
The Village finds and declares that sex offenders are a serious
threat to public safety. When convicted sex offenders re-enter society,
they are much more likely than any other type of offender to be re-arrested
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-care centers, 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. The Village Board has closely
considered this question and has made numerous findings and expressions
of intent within the preamble to the ordinance[1] which adopts this chapter which are incorporated herein
by reference.
[1]
Editor's Note: "The ordinance" refers to Ord. No. 898, adopted
9-18-2018.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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 center.
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.;
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
Any person found not quilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
B.
The distance shall be measured in a straight line from the closest
boundary line of the real property supporting the residence of a sex
offender to the closest boundary line of the real property that supports
or upon which there exists any of the uses enumerated in Subsection
A above.
C.
It is unlawful to let or rent any place, structure, or part thereof
with the knowledge that it will be used as a residence by a sex offender
if such place, structure, or part thereof is located within 1,000
feet of any of the uses enumerated in Subsection A above. A person
letting or renting a place or structure shall be deemed to have such
knowledge if, at least 10 days prior to letting or renting the place,
the sex offender's name appears on the Wisconsin Department of Corrections
sex offender registry and the person letting or renting the place
knew the sex offender would be residing at the subject place or structure.
D.
Residency restriction exceptions. A sex offender residing within
1,000 feet of any real property that supports or upon which there
exists any of the uses enumerated in Subsection A above does not commit
a violation of this chapter if any of the following apply:
(1)
The sex offender established, reported and registered a residence
pursuant to § 301.45, Wis. Stats., prior to the effective
date of this chapter.
(2)
The use enumerated in Subsection A above is commenced after the sex
offender established a residence and reported and registered that
residence pursuant to § 301.45, Wis. Stats.
(3)
The sex offender is a minor who was not convicted in adult court
or ward under guardianship.
E.
Map. A map depicting the above resulting residency restriction distances
shall be adopted by resolution of the Village Board, which map may
be amended from time to time and is on file in the office of the Village
Clerk and the Greendale Police Department for public inspection.
A.
A sex offender shall not enter upon or be present upon or within
a safety zone, subject to the exceptions shown in Subsection B, below.
B.
Safety zone exceptions. A sex offender who enters upon or who is
present upon or within a safety zone does not commit a violation of
this chapter if any of the following apply:
(1)
The property also supports a church, synagogue, mosque, temple or
other house of religious worship, subject to all of the following
conditions:
(2)
The property also supports a use lawfully attended by a sex offender's
natural or adopted child(ren), which child's use reasonably requires
the attendance of the sex offender as the child's parent upon the
property, subject to the following condition:
(a)
The sex offender's entrance and presence upon the property occurs
only during hours of activity related to the use as posted to the
public.
(3)
The property also supports a polling location in a local, state or
federal election, subject to all of the following conditions:
(a)
The sex offender is eligible to vote;
(b)
The property is the designated polling place for the sex offender;
and
(c)
The sex offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is to
any member of the electorate, and vacates the property immediately
after voting.
(4)
The property also supports a school lawfully attended by a sex offender
as a student, under which circumstances the sex offender may enter
upon the property supporting the school at which the sex offender
is enrolled, for such purposes and at such times as are reasonably
required for the educational purposes of the school.
(5)
The property also supports a court, government office or room for
public governmental meetings, subject to all of the following conditions:
A.
Forfeitures. Any person who shall violate any provision of this chapter or any regulation, rule or order made herein shall be subject to a forfeiture as set forth in § 25.04 of the Greendale Municipal Code as amended from time to time. Each day a violation continues shall constitute a separate offense. Neither the issuance of a citation nor the imposition of forfeiture hereunder shall preclude the Village from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this chapter.
B.
Injunction. If an offender establishes a residence in violation of § 28.03 above, or enters or is present upon or within a safety zone in violation of § 28.04 above, the Village Attorney may bring an action in the name of the Village in Circuit Court to permanently enjoin any such violation as a public nuisance.
A.
Designated offender may seek an exemption from this chapter by petitioning
to the Sex Offender Residence Board ("Residence Board").
B.
The Residence Board shall consist of three citizens residing in the
Village. Members shall be selected by the Village Board. Members shall
serve for a term of five years and shall serve no more than two consecutive
terms. The terms for the initial members of the Residence Board shall
be staggered with one member serving one year, a second serving three
years and the third serving five years. The appointment terms shall
commence on May 1 of the year appointed.
[Amended 5-18-2021 by Ord. No. 930]
C.
The Residence Board shall approve an official petition form. The
sex offender seeking an exemption must complete the petition and submit
it to the Village Clerk who shall forward it to the Residence Board.
The Residence Board shall hold a hearing on each petition, during
which the Residence Board may review any pertinent information and
accept oral or written statements from any person. The Residence Board
shall base its decision on factors related to the Village's interest
in promoting, protecting, and improving the health, safety and welfare
of the community. Applicable factors for the Residence Board's consideration
shall include, but are not limited to:
(1)
Nature of the offense that resulted in sex offender status.
(2)
Date of offense.
(3)
Age at time of offense.
(4)
Recommendation of probation or parole officer.
(5)
Recommendation of Police Department.
(6)
Recommendation of any treating practitioner.
(7)
Counseling, treatment and rehabilitation status of sex offender.
(8)
Remorse of sex offender.
(9)
Duration of time since sex offender's incarceration.
(10)
Support network of sex offender.
(11)
Relationship of sex offender and victim(s).
(12)
Presence or use of force in offense(s).
(13)
Adherence to terms of probation or parole.
(14)
Proposals for safety assurances of sex offender.
(15)
Conditions to be placed on any exception from the requirements
of this chapter.
D.
The Residence 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 time. The Residence Board's decision shall
be final for purposes of appeal. A written copy of the decision shall
be provided to the sex offender and the Greendale Police Department.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the foregoing provisions of this chapter, the
Village of Greendale 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 Chapter 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 Chapter 980, Wis. Stats.
