[HISTORY: Adopted by the Village Board of the Village of Wrightstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-2008 by Ord. No. 08052008]
This article is a regulatory measure aimed at protecting the health and safety of children and other individuals in the Village of Wrightstown from the risk that convicted sex offenders may reoffend in locations close to their residences. Further, this measure is intended to enhance the community's citizen observation and reporting of individuals who may pose a threat to children or others by grooming behaviors. The Village finds and declares that in addition to schools and state licensed child day-care centers, children congregate or play at public parks, athletic fields, libraries, etc.
As used in this article, the following terms shall have the meanings indicated:
CRIME AGAINST CHILDREN
Any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
§ 940.225(1)
First degree sexual assault
§ 940.225(2)
Second degree sexual assault
§ 940.225(3)
Third degree sexual assault
§ 940.22(2)
Sexual exploitation by therapist
§ 940.30
False imprisonment—victim was minor and not the offender's child
§ 940.31
Kidnapping victim was minor and not the offender's child
§ 944.01
Rape (prior statute)
§ 944.06
Incest
§ 944.10
Sexual intercourse with a child (prior statute)
§ 944.11
Indecent behavior with a child (prior statute)
§ 944.12
Enticing child for immoral purposes (prior statute)
§ 948.02(1)
First degree sexual assault of a child
§ 948.02(2)
Second degree sexual assault of a child
§ 948.025
Engaging in repeated acts of sexual assault of the same child
§ 948.05
Sexual exploitation of a child
§ 948.055
Causing a child to view or listen to sexual activity
§ 948.06
Incest with a child
§ 948.07
Child enticement
§ 948.075
Use of a computer to facilitate a child sex crime
§ 948.08
Soliciting a child for prostitution
§ 948.095
Sexual assault of a student by school instructional staff
§ 948.11(2)(a) or (am)
Exposing child to harmful material felony sections
§ 948.12
Possession of child pornography
§ 948.13
Convicted child sex offender working with children
§ 948.30
Abduction of another's child
§ 971.17
Not guilty by reason of mental disease of an included offense
§ 975.06
Sex Crimes Law, commitment
GROOMING BEHAVIOR
Actions deliberately undertaken by an offender with the aim of befriending a child in order to lower the child's sexual inhibitions or establish an intimate friendship in preparation for a sexual act with the child.
LOITER FREE ZONES
The five-hundred-foot radius surrounding all restricted places.
LOITERING
Whether in a group, crowd, or as an individual, to stand idly about, loaf, prowl, congregate, wander, stand, linger aimlessly, proceed slowly or with many stops, to delay or dawdle.
PERSON
A person who has been convicted of, or has been found delinquent of, or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children.
RESIDENCE (RESIDE)
The place where a person sleeps, or which qualifies as a residence under the holdings of the Wisconsin Supreme Court, and which may include more than one location, and may be mobile or transitory.
SEXUALLY VIOLENT OFFENSE
The meaning as set forth in § 980.01(6)(a) and (am), Wis. Stats., as amended from time to time.
A. 
A person shall not reside within 500 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 treatment foster home, as defined in § 48.02(17q), 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, parkway, parkland 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) 
Athletic fields used by children;
(h) 
A movie theatre;
(i) 
A state-licensed day-care center;
(j) 
Any specialized school for children, including but not limited to a gymnastics academy, dance academy or music school;
(k) 
A public or private golf course or range; and
(l) 
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).
C. 
No person and no individual who has been convicted of, or adjudicated delinquent for, or has been found guilty by reason of mental disease or defect of a sexually violent offense and/or a crime against children shall be permitted to reside in the Village of Wrightstown, unless such person was domiciled in the Village of Wrightstown at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
[Added 6-16-2009 by Ord. No. 06162009]
A. 
A person residing within 500 feet of the real property comprising any of the uses enumerated in § 158-3, does not commit a violation of this article if any of the following apply:
(1) 
The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
(2) 
The person has established a residence prior to the effective date of this article (July 15, 2008) which is within 500 feet of any of the uses enumerated in § 158-3 above, or such enumerated use is newly established after such effective date and it is located within such 500 feet of a residence of a person which was established prior to the effective date of this article.
(3) 
The person is a minor or ward under guardianship.[1]
[1]
Editor's Note: Former Subsection B, regarding residency within 300 feet of uses enumerated in § 158-3, which immediately followed this subsection, was repealed 6-16-2009 by Ord. No. 06162009.
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:
A. 
A public park, parkway, parkland 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. 
Athletic fields used by children;
H. 
A movie theatre;
I. 
A state-licensed day-care center;
J. 
Any specialized school for children, including but not limited to a gymnastics academy, dance academy or music school;
K. 
A public or private golf course or range;
L. 
Aquatic facilities open to the public; and
M. 
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 treatment foster home, as defined in § 48.02(17q), 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 § 96.01(22), Wis. Stats.].
A person does not commit a violation of § 158-5 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 § 158-5 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 of the attendance by the person 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; 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 § 158-5 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 activity related to the use as posted to the public; and
(2) 
Written advance notice of the attendance by the person 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.
C. 
The property supporting an enumerated use under § 158-5 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 § 158-5 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. 
Restricted zones. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:
(1) 
When children are present or are reasonably presumed or known to be present; or
(2) 
Monday through Saturday, in a school or day-care center restricted zone and between 7:00 a.m. and 11:00 p.m.; or
(3) 
In a park or playground restricted zone and between 7:00 a.m. and 11:00 p.m.
B. 
Restricted zone restriction exceptions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:
(1) 
The designated offender has official business which is determined by the reasonable person standard; and
(2) 
The designated offender is accompanied by another adult who is not a designated offender.
C. 
It is unlawful for a designated offender to loiter within a restricted zone or loiter free zone.
It is unlawful for any designated offender to participate in a holiday event involving children under 16 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 designated offender is the parent or guardian of the children involved, and no nonfamilial children are present, are exempt from this section.
If a person violates any provision of this article listed above, 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 article such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the Village of Wrightstown in the Circuit Court for Brown/Outagamie County to permanently enjoin such residence as a public nuisance. If a person violates any provision of this article, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-18 of the Wrightstown Code. Each day a violation continues shall constitute a separate offense.
It is unlawful to let or rent any place, structure or part thereof, manufactured home, 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 the terms of this article, if such place, structure or part thereof, manufactured home, trailer, or other conveyance is located within 500 feet of any premises where children commonly gather, including but not limited to a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or children-oriented eating establishment, as those terms are defined in this article.
[Amended 6-16-2009 by Ord. No. 06162009]
The above five-hundred-foot requirements may be waived upon approval of the Village of Wrightstown Board of Trustees through appeal by the affected party. Such appeal shall be made, in writing, to the Village Clerk's office who shall forward the request to the Village of Wrightstown Board of Trustees which shall receive reports from the Police Department on such appeal. The Board of Trustees 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 Wrightstown Police Department for their information and action. A written copy of the decision shall be provided to the affected party.
A. 
The Wrightstown Police Department shall establish and maintain department policy and procedures to verify the registered address of sex offenders and to identify those offenders not in compliance with the Wisconsin Department of Corrections Sex Offender Registry.
B. 
A designated offender shall provide the Wrightstown Police Department, or any official law enforcement officer requesting same, with current photograph and address, employment location, vehicle description(s), and other related information that may be deemed appropriate and lawful.
Except as otherwise provided in this article, any person who shall violate any provision of this article, or any regulation, rule or order made herein, or who shall fail to obtain a license or permit as required by this article, shall be subject to a penalty as provided in § 1-18 of this Municipal Code.