[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:
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§ 940.225(1)
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First degree sexual assault
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§ 940.225(2)
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Second degree sexual assault
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§ 940.225(3)
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Third degree sexual assault
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§ 940.22(2)
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Sexual exploitation by therapist
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§ 940.30
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False imprisonment—victim was minor and
not the offender's child
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§ 940.31
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Kidnapping victim was minor and not the offender's
child
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§ 944.01
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Rape (prior statute)
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§ 944.06
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Incest
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§ 944.10
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Sexual intercourse with a child (prior statute)
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§ 944.11
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Indecent behavior with a child (prior statute)
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§ 944.12
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Enticing child for immoral purposes (prior statute)
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§ 948.02(1)
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First degree sexual assault of a child
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§ 948.02(2)
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Second degree sexual assault of a child
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§ 948.025
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Engaging in repeated acts of sexual assault
of the same child
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§ 948.05
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Sexual exploitation of a child
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§ 948.055
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Causing a child to view or listen to sexual
activity
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§ 948.06
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Incest with a child
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§ 948.07
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Child enticement
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§ 948.075
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Use of a computer to facilitate a child sex
crime
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§ 948.08
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Soliciting a child for prostitution
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§ 948.095
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Sexual assault of a student by school instructional
staff
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§ 948.11(2)(a) or (am)
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Exposing child to harmful material felony sections
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§ 948.12
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Possession of child pornography
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§ 948.13
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Convicted child sex offender working with children
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§ 948.30
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Abduction of another's child
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§ 971.17
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Not guilty by reason of mental disease of an
included offense
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§ 975.06
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Sex Crimes Law, commitment
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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.
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.
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;
G. Athletic fields used by children;
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.
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.
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.