[HISTORY: Adopted by the Common Council of the City of Burlington 6-21-2011 by Ord. No.
1926(3). Amendments noted where applicable.]
A.
The City finds and declares that child sex offenders (as hereinafter
defined) are a serious threat to public safety. Given the high rate
of recidivism, reducing opportunity and temptation is important to
minimizing the risk of re-offense, and there is a need to protect
children where they congregate or play in public places in addition
to the protections afforded by state law near schools and daycare
centers. The City finds and declares that, in addition to schools
and daycare centers, children congregate or play in a number of public
places, including parks and other facilities.
B.
This chapter is a regulatory measure aimed at protecting the health
and safety of children in the City of Burlington from the risk that
child sex offenders may re-offend where children congregate. It is
the intent of this chapter to serve the City's compelling interest
to promote, protect, and improve the health, safety, and welfare of
the citizens of the City by creating child safety zones as areas where
children regularly congregate, and that restrict child sex offenders'
residing in, entering, or loitering in child safety zones.
As used in this chapter, the following words, terms, and phrases
shall have the meanings ascribed to them.
A person(s) under the age of 18 years of age.
The building, facilities and improvements, and the legal parcel
of real property on which they are situated, to the extent the property
is within the City, that are used for or which supports a use set
forth below.
A public park (inclusive of any swimming or aquatic facility
within), playground, parkway, parkland, athletic field, recreational
trail, or park facility;
Any site, facility, or premise operated by the Boy Scouts of
America, the Girl Scouts of America, or any similar organization of
which a child is or may be a member;
Public or private schools for children;
Daycare centers;
Any specialized school or facility for children, including but
not limited to, gymnastics schools, dance academies, and music academies;
The ChocolateFest grounds during any period of time in which
a festival or other public entertainment is in progress, and at which
children are present;
Any other facility for children, including any public or private
school or group home within the meaning of § 48.02(7), Wis.
Stats., residential care centers for children and youth within the
meaning of § 48.02(15d), Wis. Stats., a shelter care facility
within the meaning of § 48.02(17), Wis. Stats., a foster
home within the meaning of § 48.02(6), Wis. Stats., a treatment
foster home within the meaning of § 48.02(17q), Wis. Stats.,
daycare centers licensed under § 48.65, Wis. Stats., daycare
programs established under § 120.13(14), Wis. Stats., daycare
providers certified under § 48.651, Wis. Stats., or a youth
center as defined in § 961.01(22), Wis. Stats.
The City shall maintain an official map showing child safety
zones. The City will update the map at least annually to reflect any
changes in the locations of child safety zones. The map shall be available
at the City Hall, at the City of Burlington Police Department, and
on the City's official website. In the event of any conflict
between the map and this chapter, the chapter shall control.
Shall have the same meaning as set forth in § 204-1 of the City of Burlington Ordinances, and as may be amended or renumbered from time to time.
Any place where a person, either temporarily or permanently,
lodges, abides, or resides.
A person required to register under § 301.45, Wis.
Stats., if the sex offense which requires registration involved a
child; or
A person that has been convicted of, or has been found delinquent
for, or has been found not guilty by reason of disease or mental defect,
of a sexually violent offense, regardless of the age of the victim.
An offense defined as a "sex offense" by § 340.45(b),
Wis. Stats.
An offense defined as a "sexually violent offense" by § 980.01(6),
Wis. Stats.
All references to the Wisconsin Statute(s) in this chapter
shall mean the statute(s) as in effect when this chapter is adopted,
and shall include any amendment to or renumbering of the statute(s)
after the adoption of this chapter.
A.
Residence in a child safety zone.
(1)
No child sex offender shall establish a permanent or temporary residence
in a child safety zone. A sex offender does not commit a violation
of this provision if any of the following apply.
(a)
The child sex offender established and was required to and did
register the residence pursuant to § 301.45, Wis. Stats.
before the effective date of this chapter.
(b)
The child safety zone was established after the sex offender
established and was required to and did register the residence pursuant
to § 301.45, Wis. Stats.
(2)
In the event a child sex offender lawfully has his/her residence in a child safety zone under the provisions of above Subsection A(1)(a) or (b), then the child sex offender may go to and from the residence, and occupy the residence, but shall not enter any other part of the property (on which the residence is located) that supports the use which creates a child safety zone unless otherwise permitted by this chapter.
B.
Entry into a child safety zone. No child sex offender shall:
(1)
Enter or be present in any child safety zone that is a public playground, a school or specialized school for children, a daycare center, or any facility for children as defined in § 240-2 of this chapter;
(2)
Enter or be present in any other child safety zone between the hours
of 7:00 a.m. and 11:00 p.m., or at any time when a child is present;
(3)
Loiter in or within the surrounding 300 feet of any child safety
zone. For purposes of determining the surrounding 300 feet of a child
safety zone, the area shall be determined by measuring 300 feet following
a straight line perpendicular to the outer property line of each such
child safety zone. In the event a child sex offender has a residence
within 300 feet of a child safety zone, the child sex offender may
go to and from the residence, and occupy the residence and the parcel
of land on which the residence is located, without violating the foregoing
provisions prohibiting loitering in or within a child safety zone.
Except for such ingress/egress to and from the said residence and/or
occupancy of the residence/parcel of land, however, the child sex
offender shall not otherwise loiter in or within 300 feet of the said
child safety zone.
(4)
A child sex offender does not violate this provision if any of the
following apply:
(a)
The child safety zone supports a church, synagogue, mosque,
temple, or other house of religious worship and entry and presence
in the child safety zone occurs for the limited and sole purpose of
attending or visiting the said religious facility. In such event,
however, the child sex offender may not enter into and/or loiter in
or around any other area of the child safety zone in which the said
religious facility is located. This shall expressly include, but not
be limited to, any children's school and/or children's playground
located in the child safety zone.
(b)
The child safety zone supports a use lawfully attended by the
child sex offender's natural or adopted child or ward, and which
child or ward's use or attendance reasonably requires the attendance
of the child sex offender as parent or guardian; further provided
the child sex offender must provide written notice to and obtain written
approval from the person in charge of the facility in the child safety
zone to attend the event with his child or ward and the written approval
must be specific as to days, dates, and times when the event will
be conducted;
(c)
The child safety zone supports a polling location in a local,
state, or federal election; further provided, the child sex offender
must be eligible to vote in the election, the child sex offender must
enter the polling place, proceed to cast a ballot with whatever usual
and customary assistance is provided to any other member of the electorate,
and vacates the child safety zone immediately after voting.
(d)
The property supports a government, commercial, retail, or business
use open to the public, or a health care or professional service facility
in addition to the use which creates a child safety zone; further
provided the child sex offender:
[1]
Is on the property for purposes of using the government, commercial,
retail, or business use, or the health care or professional service
facility on the property; and
[2]
The child sex offender may not loiter in any common area; and
[3]
The child sex offender may not enter any area that supports
a use which creates a child safety zone unless otherwise permitted
by this chapter.
(e)
It is not a violation of this provision for a child sex offender
to travel on a public sidewalk, roadway, or highway that adjoins or
is adjacent to a child safety zone; further provided:
[1]
A child sex offender may not loiter on the sidewalk, roadway,
or highway that adjoins or is adjacent to a child safety zone; and
[2]
A child sex offender may not travel on any portion of any sidewalk,
roadway, or highway that lies entirely within a child safety zone
unless otherwise permitted by this chapter.
(f)
It is not a violation of this provision if the child sex offender
is present in or upon a child safety zone for purposes of exercising
First Amendment rights protected by the United States Constitution,
including the freedom of speech, free exercise of religion, and the
right of assembly, and/or as otherwise permitted by this chapter.
C.
Holiday prohibition. No child sex offender may participate in any holiday event involving children such as distributing candy or other items as part of a Halloween event, wearing a Santa Claus or other costume as part of a Christmas holiday event, or wearing an Easter Bunny or other costume as part of an Easter holiday event. This present holiday prohibition shall not apply, however, to holiday events in which the child sex offender is the parent or guardian of one or more children involved, and there are no nonfamilial children present, and/or the event is sponsored by or held at a religious facility as defined and described in above Subsection B(4)(a).
D.
Enforcement and duty to inquire. Unless flight by the child sex offender or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for a violation of § 240-3B, afford the child sex offender an opportunity to dispel any alarm which would otherwise be warranted, by requesting the child sex offender to identify himself or herself and explain his or her presence and/or conduct in the child safety zone. No person shall be convicted of an offense under this provision if the law enforcement officer did not make a good faith effort to comply with the preceding sentence, or if at trial, the explanation given by the child sex offender is true, and if it had been believed by the law enforcement officer, would have reasonably dispelled alarm.
If a child sex offender violates the provisions of this chapter, such offender shall be subject to the general penalty provisions set forth under Chapter 1, § 1-4 of this Municipal Code (and/or as the same may be amended or renumbered in the future). Each day a violation continues shall constitute a separate offense. In addition, the City may undertake all other legal and equitable remedies available (including, but not limited to, obtaining injunctive relief and/or a restraining order against a child sex offender).
If any provision of this chapter is found invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other
provisions of this chapter.
