Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[Amended 11-9-2010 by Ord. No. 2010-14; 12-14-2010 by Ord. No. 2010-19]
[Amended 5-8-2018 by Ord. No. 2018-02]
A. 
The Village Board finds that repeat sex offenders, sex offenders who use physical violence, and sex offenders who prey on children are sex predators who present an extreme threat to the public safety. Sex offenders are extremely likely to use physical violence and to repeat their offenses, and most sex offenders commit many offenses, have many more victims that are never reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offenders' victimization to society at large, while incalculable, clearly exorbitant.
B. 
It is the intent of this article to not impose a criminal penalty but instead 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 sex offenders and sex predators are prohibited from loitering and residing. The Village Board has closely considered this issue and has made numerous findings and expressions of intent within the preamble to the ordinance which adopted these Code provisions, which is incorporated herein by reference.
As used in this article, the following terms shall have the meanings indicated:
CHILD
A person under the age of 18 for purposes of this article.
CHILD DAY CARE
Any facility that provides care and supervision for compensation to four or more children for less than 24 hours a day where a license is required under § 48.65(1), Wis. Stats., for the operation of such facility.
DESIGNATED SEX OFFENDER
Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child and any person who is required to register under § 301.45, Wis. Stats., and who has been designated a Special Bulletin Notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats. The term "designated sex offender" also includes any person subject to the sex crimes commitment provisions of § 975.06, Wis. Stats., and any person found not guilty by reason of disease or mental defect placed on lifetime supervision under § 971.17(1j), Wis. Stats.
[Amended 5-8-2018 by Ord. No. 2018-02]
GOLF COURSE
Any public or private golf course or range.
LIBRARY
Any library that is held open for use by the public where such library includes a collection of material specifically intended for use by children.
MINOR
A person under the age of 17.
PARK/CONSERVATION AREA
Any area held open for use by the public for active or passive leisure purposes, including but not limited to any park, parkway, recreation or open space area, beach, playground, conservation area, lake access point or recreational trail. "Park/conservation area" also means any private lake access point or private beach that owners of two or more lots or condominium units are entitled use, pursuant to a deed restriction, subdivision plat, condominium declaration, condominium plat, homeowners' association regulation or similar rights of common use.
PERMANENT RESIDENCE
A place where the person abides, lodges, or resides for 14 or more consecutive days.
PUBLIC/PRIVATE SCHOOL
Any public or private elementary or secondary school.
SPECIALTY SCHOOL
Any specialized school for children, including but not limited to a gymnastics academy, dance academy, or music school.
SWIMMING POOL
Any swimming pool, wading pool, or aquatic facility held open for use by the public.
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 address.
[Amended 5-8-2018 by Ord. No. 2018-02]
A. 
Child safety zones. No designated sex offender shall establish a permanent residence or temporary residence on property that is within 1,000 feet of real property consisting of any of the following:
(1) 
Public/private school.
(2) 
Specialty school.
(3) 
Child day care.
(4) 
Library.
(5) 
Park/conservation area.
(6) 
Swimming pool.
(7) 
Golf course.
(8) 
Movie theater.
B. 
Original domicile restriction. In addition to and not to the exclusion or prejudice of the foregoing, no designated sex offender shall be permitted to reside in the Village of Fox Point unless the person was domiciled in the Village of Fox Point at the time of the offense resulting in the person's most recent conviction of a designated sex offender crime.
C. 
Distances for purposes of this section shall be measured in a straight line 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). A map/list depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time to time, is on file with the Village Clerk/Treasurer and available for public inspection pursuant to § 670-46 of this article.
D. 
Exception. A designated sex offender residing within a prohibited area as described in Subsection A or B does not commit a violation of this section if any of the following apply:
(1) 
The person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the effective date of this article.
(2) 
The person is a minor and is not required to register under § 301.45 or 301.46, Wis. Stats.
(3) 
The applicable use described in Subsection A was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.
(4) 
An exception has been granted by the Residence Board.
E. 
Exception for placements under Chapter 980 of the Wisconsin Statutes. To the extent required by § 980.135, Wis. Stats., and notwithstanding the foregoing provisions of this chapter, the Village of Fox Point 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 Ch. 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 compliances with all court orders issued under Ch. 980, Wis. Stats.
F. 
Petition for exemption.
(1) 
A designated offender may seek an exemption from this article by petitioning to the Sex Offender Residence Board ("Residence Board").
(2) 
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.
(3) 
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:
(a) 
Nature of the offense that resulted in sex offender status.
(b) 
Date of offense.
(c) 
Age at time of offense.
(d) 
Recommendation of probation or parole officer.
(e) 
Recommendation of Police Department.
(f) 
Recommendation of any treating practitioner.
(g) 
Counseling, treatment and rehabilitation status of sex offender.
(h) 
Remorse of sex offender.
(i) 
Duration of time since sex offender's incarceration.
(j) 
Support network of sex offender.
(k) 
Relationship of sex offender and victim(s).
(l) 
Presence or use of force in offense(s).
(m) 
Adherence to terms of probation or parole.
(n) 
Proposals for safety assurances of sex offender.
(o) 
Conditions to be placed on any exception from the requirements of this article.
(4) 
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, or subject to other reasonable conditions. 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.
A. 
It shall be unlawful for any designated sex offender in the Village of Fox Point to loiter or prowl in any child safety zone identified on the map required by § 670-46 if any of the foregoing is done in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of the persons or property in the vicinity. Among the circumstances that may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself or explain his or her presence and conduct at the aforementioned locations. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
B. 
The prohibitions set forth in Subsection A above shall not apply where the designated sex offender is a minor and is accompanied by one or both of his or her parents, guardian, or other adult person having his or her care.
It is unlawful for any designated sex offender to participate in a holiday event in the Village of Fox Point involving one or more children by means of distributing candy or other items to such child or children on Halloween; wearing a Santa Claus costume on, or during any of the 30 days preceding, Christmas; wearing an Easter Bunny costume on, or during any of the 30 days preceding, Easter; or by engaging in other similar type(s) of activity that may, under the circumstances then present, tend to entice a child to have contact with a designated sex offender. Holiday events in which the designated sex offender is the parent or legal guardian of the child or children involved, and no other children are present, are exempt from this section.
[Amended 5-8-2018 by Ord. No. 2018-02]
The Village Clerk/Treasurer shall maintain an official map/list showing locations identified in § 670-43A of this article. The Village Clerk/Treasurer shall cause such map/list to be updated at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map/list as "child safety zones." The map/list is on file with the Village Clerk/Treasurer and available for public inspection. In the event of a conflict, the written terms of this article shall control.
A. 
It is unlawful for any designated sex offender to enter or be present upon any real property upon which there exists any facility used for or which supports a use of:
(1) 
Public/private school.
(2) 
Specialty school.
(3) 
Child day care.
(4) 
Library.
(5) 
Park/conservation area.
(6) 
Swimming pool.
(7) 
Golf course.
(8) 
Movie theater.
B. 
Exception. A designated sex offender present within a prohibited area as described in Subsection A does not commit a violation if any of the following apply:
(1) 
The property supporting an enumerated use under Subsection A also supports a church, synagogue, mosque, temple or other house of religious worship, subject to the following conditions:
(a) 
Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public;
(b) 
Written advance notice is made from the designated sex offender to an individual in charge of the house of worship, and approval from an individual in charge of the house of worship as designated by the house of worship is made in return, of the attendance by the designated sex offender;
(c) 
The designated sex offender shall not participate in any religious education programs which include individuals under the age of 18; and
(d) 
The attendance is authorized by the designated sex offender's conditions of supervision, if on parole.
(2) 
The property supporting an enumerated use under Subsection A also supports a use lawfully attended by a designated sex offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the designated sex offender as the child's parent upon the property, subject to the following conditions:
(a) 
Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public;
(b) 
Written advance notice is made from the designated sex offender 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, of the attendance by the designated sex offender; and
(c) 
The attendance is authorized by the designated sex offender's conditions of supervision, if on parole.
(3) 
The property supporting an enumerated use under Subsection A also supports a polling location in a local, state or federal election, subject to the following conditions:
(a) 
The designated sex offender is eligible to vote;
(b) 
The designated polling place for the designated sex offender is an enumerated use;
(c) 
The designated sex offender enters the polling place property and proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate, and the designated sex offender vacates the property immediately after voting; and
(d) 
The attendance is authorized by the designated sex offender's conditions of supervision, if on parole.
(4) 
The property supporting an enumerated use under Subsection A also supports an elementary or secondary school lawfully attended by the designated sex offender as a student, under which circumstances the designated sex offender who is a student may enter upon that property supporting the school at which the designated sex offender is enrolled, as is reasonably required for the educational purposes of the school, provided that the attendance is authorized by the designated sex offender's conditions of supervision, if on parole.
A. 
Any violation of this article shall be subject to the penalties and remedies as set forth in § 1-4 of the Village Code. Each day of each violation shall constitute a separate offense.
B. 
Violation of this article shall constitute a public nuisance which, in addition to monetary forfeitures, shall be subject to action by the Village to abate and enjoin such nuisance.