[HISTORY: Adopted by the Village Board of the Village of
Baldwin 11-11-2009 (Title 5, Ch. 6, of the 2004 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 428.
This chapter is a regulatory measure aimed at protecting the
health and safety of the public, especially the children in the Village
of Baldwin (the "Village"), from the risk that convicted sex offenders
may reoffend in locations close to their residences or places where
children congregate. The Village Board finds and declares that sex
offenders are a serious threat to public safety of children. The Village
Board further finds that when convicted sex offenders reenter society,
there is legitimate concern about the risk of re-offense, and reducing
opportunity and temptation is important to minimizing the risk of
re-offense. Therefore, in addition to protections afforded by state
law, the Village Board finds there is a need to protect children in
Baldwin in places and certain activities where they congregate or
play in public, near schools, day-care centers and other places children
frequent.
As used in this chapter and unless the context otherwise requires,
the following terms shall have the meanings indicated:
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 child by a school staff person or a person
who works or volunteers with children
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§ 948.11(2)(a) or (am)
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Exposing a child to harmful material or harmful descriptions
or narrations - 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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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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Commitment of persons found not guilty by reason of mental disease
or mental defect - of an included offense
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§ 975.06
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Sex Crimes Law commitment
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The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child;
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.,
or any person who is under court ordered supervision by the Wisconsin
Department of Corrections for any sexual offense against a child;
Any person who has been convicted of or has been found delinquent
for or has been found not guilty by reason of disease or mental defect
for a sexually violent offense and/or crime against children;
Any person subject to the sex crimes commitment laws of § 975.06
or Ch. 980, Wis. Stats.;
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats., or required to comply with sex offender registration pursuant
to § 971.17(1m), Wis. Stats.
Any person who has been convicted of any offense listed in the
definition of "crime against children" in this section.
Has the meaning as set forth in § 980.01(6), Wis.
Stats., as amended from time to time.
Includes places of worship, for example, churches and synagogues,
and private businesses offering classes, training or activities specifically
for persons under the age of 18.
A.
A sex offender shall not reside within 200 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 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 above; and/or[1]
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).
If the two-hundred-foot line falls within a lot or parcel, the entire
lot or parcel shall be within the residence restricted zone.
A sex offender residing within 200 feet of the real property comprising any of the uses enumerated in § 485-3 above does not commit a violation of this chapter if any of the following apply:
A.
The sex offender's residency is required in order to serve a
sentence at a jail, prison, juvenile facility, or other correctional
institution or facility, or to appear in Baldwin Municipal Court.
B.
The sex offender has established a residence prior to the effective date of this chapter which is within 200 feet of any of the uses enumerated in § 485-3 above, or such enumerated use is newly established after such effective date and it is located within such 200 feet of a residence of a sex offender which was established prior to the effective date of this chapter.
C.
The sex offender is a minor or ward under guardianship.
In addition to and notwithstanding the foregoing, but subject to § 485-4 above, no sex offender and no individual who has been labeled a Special Bulletin Notification (SBN) and is still on parole, extended supervision or monitoring shall be permitted to reside in the Village of Baldwin, unless such sex offender was domiciled in the Village at the time of the offense.
A.
It shall be unlawful for any sex offender to do any of the following:
(1)
Enter or be physically present within the boundaries of any school, park, day-care facility, or other use defined in § 485-3.
(2)
Loiter within 200 feet of the boundary of any such school, park, day-care facility or other use defined in § 485-3. "Loiter" shall include, but not be limited to, lingering in an apparently aimless way, spending time idly, walking or moving slowly and indolently with frequent stops and pauses, or not moving at all, 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 children in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the sex offender 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 sex offender or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the sex offender an opportunity to dispel any alarm which would explain his or her presence and conduct at the locations identified above. No sex offender 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 sex offender was true, and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
B.
Holiday prohibitions. It is unlawful for any sex 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 or wearing an Easter Bunny costume. Holiday
events in which the sex offender is the parent or guardian of the
children involved, and no non-familial children are present, are exempt
from this subsection.
A sex offender does not commit a violation of § 485-6 above if any of the following apply:
A.
The property supporting an enumerated use under § 485-6 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;
(2)
Written advance notice is made from the sex offender to an individual
in charge of the church and written approval from an individual in
charge of the church as designated by the church is made in return,
of the attendance by the sex offender; the written approval shall
state the dates for which it is in effect; and
(3)
The sex offender shall not participate in any religious education
programs which include individuals under the age of 18.
B.
The property supporting an enumerated use under § 485-6 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 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 is made from the sex offender to an individual
in charge of the use upon the property and written 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 sex offender. The written approval shall state the dates for
which it is in effect.
C.
The property supporting an enumerated use under § 485-6 also supports a polling location in a local, state or federal election, subject to the following conditions:
(1)
The sex offender is eligible to vote;
(2)
The designated polling place for the person is an enumerated use;
and
(3)
The sex offender 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 sex offender vacates the
property immediately after voting.
D.
The property supporting an enumerated use under § 485-6 also supports an elementary or secondary school lawfully attended by a sex offender as a student, under which circumstances the sex offender who is a student may enter upon that property supporting the school at which the sex offender is enrolled, as is reasonably required for the educational purposes of the school.
E.
With respect to other private properties/entities/organizations that
support an enumerated use:
(1)
Written advance notice and application is made from the sex offender
to an individual in charge of the use upon the property and written
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 sex offender. The written approval
shall state the dates for which it is in effect.
(2)
The sex offender's entrance and presence upon the property occurs
only as provided in the written approval.
Appeals for exceptions outside those enumerated above are to
be referred to the Chief of Police to be processed as follows:
A.
The Chief of Police is authorized to grant temporary exceptions to the sex offender-restricted zone restrictions established in § 485-6 to allow a sex offender to be within a sex offender-restricted zone temporarily for events such as a family reunion in a park, special event at or within a restricted zone involving the sex offender's child or spouse, or other similar type situations.
B.
For all other applications for exceptions, the Chief of Police shall
call a special meeting of a committee to review the application. The
committee shall be made up of at least four of the following:
C.
Standards for granting exceptions.
(1)
To grant an exception the Committee must find that:
(a)
There are circumstances unique to the sex offender that would not
be common among other sex offenders subject to this chapter and that
application of this chapter to the sex offender would cause an extreme
hardship to that sex offender because of these unique circumstances.
(b)
Granting the exception will not be detrimental to the public health,
safety or welfare of the community or to the neighborhood for which
the exception is sought.
(c)
Granting the exception will not violate the spirit and the general
and specific purposes of this chapter.
(2)
To be approved, an exception must receive an affirmative vote of
four of the committee members.
D.
All exceptions granted are to be documented. The document is to be
maintained by the Police Department.
E.
A copy of all exceptions granted will be available from the Village
of Baldwin Police Department, subject to the open records and other
applicable state and local laws and regulations.
A.
Residence restriction violations. If a sex offender violates § 485-4 above by establishing a residence or occupying residential premises within 200 feet of those premises as described therein, 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, based upon all of the facts and circumstances and the purpose of this chapter, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, and safety of another or others, shall bring an action in the name of the Village in the Circuit Court for St. Croix County to permanently enjoin such residency as a violation of this chapter and as a public nuisance.
(1)
(2)
Each day a violation continues shall constitute a separate offense.
In addition, the Village may undertake all other legal and equitable
remedies to prevent or remove a violation of this chapter.
If this chapter conflicts with any other ordinances or parts
of ordinances, to the extent of such conflict, this chapter shall
control.
