[HISTORY: Adopted by the Bellevue Board 10-24-2007 (§ 11.09 of the 1998 Code); amended in its entirety 1-28-2015 by Ord. No. O-2015-03. Subsequent amendments noted where applicable.]
This chapter is a regulatory measure aimed at protecting the health and safety of children in the Village of Bellevue from the risk that sexual offenders convicted of an offense against a child may reoffend in locations close to where children congregate. Reducing opportunity and temptation is important to minimizing the risk of reoffense; there is a need to protect children where they congregate or play in public places. Therefore, the Village finds and declares that sexual offenders are a serious threat to the public safety of children if regulatory measures are not in place that prohibit their presence in specified areas designated as places children commonly congregate. The Village of Bellevue finds and declares that in addition to schools and day-care centers, children congregate or play at child-oriented facilities, such as parks, trails, playgrounds and places of worship.
It is not the intent of this chapter to impose a criminal penalty but rather to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the Village by prohibiting convicted sexual offenders from residing, loitering or being present in specified areas around locations where children regularly congregate in concentrated numbers. It is the further intent of this chapter to recognize that convicted sexual offenders must reenter the community, and the Village of Bellevue hereby accepts that it has a responsibility to our citizens and the surrounding area municipalities to ensure that, in addition to promoting regulatory measures aimed at protecting children, its regulatory measures are not aimed at prohibiting convicted sexual offenders from being part of this society.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
- A person age 16 or younger for purposes of this chapter.
- DESIGNATED OFFENDER
- Any person who is required to register under § 301.45, Wis. Stats., and/or is under court-ordered supervision by the Wisconsin Department of Corrections for any sexual offense against a child, unless the person is under the age 18 at the time of the offense and the offender was not tried and convicted of the offense as an adult.
- 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.
- A person age 17 or younger.
- PERMANENT RESIDENCE
- A place where the person abides, lodges, or resides for 14 or more consecutive days.
- 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 residence.
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,500 feet of any restricted zone or any other place designated by the Village as a place where children are known to congregate.
Measurement of distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest outer property line of a restricted zone or any other place designated by the Village as a place where children are known to congregate.
Residency of a designated offender in a premises may be subject to further restrictions as provided in Chapter 500, the Village of Bellevue Zoning Ordinance.
Residency Restriction Map. An official map, maintained by the Village, is established and is known as the Residency Restriction Map. The Residency Restriction Map shall show approximate residency restrictions as provided in this section. Final determination of a residence's compliance with this section shall be determined by § 373-3B. The Village shall update the Residency Restriction Map as necessary to reflect any changes in the location of restricted areas. The Residency Restriction Map will be available at the Village's office and on the Village's official website.
Exceptions. A designated offender residing within a prohibited area as described in Subsection A of this section does not commit a violation of this chapter if any of the following apply:
The designated offender established the permanent or temporary residence and reported and registered pursuant to § 301.45, Wis. Stats., before the effective date of the ordinance from which this chapter is derived.
The restricted zone facility or any other place designated by the Village as a place where children are known to congregate within 2,500 feet of the designated offender's permanent or temporary residence was opened after the designated offender established the permanent or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.
The residence is also the primary residence of the designated offender's parents, grandparents, siblings, spouse, or children, provided that such parent, grandparent, sibling, spouse or child established the residence at least two years before the designated offender established residence at the location. This exception shall not apply to any designated offender under the provisions of Ch. 980, Wis. Stats.
Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone.
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:
No loitering zones. It is unlawful for a designated offender to loiter within a restricted zone or no loitering zone.
Holiday prohibition. 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 subsection.
Residential density restriction for designated sex offenders. Any structure or other place intended for human habitation, on a temporary or permanent basis, including, without limitation, a single-family dwelling, boardinghouses, lodging houses, apartment house, multifamily dwelling, hotel, motel or transitional housing facility, shall not include more than one individual who is a designated sex offender under the provisions of § 301.45, Wis. Stats., § 301.46, Wis. Stats., and Ch. 980, Wis. Stats.
This section shall not apply to a designated sex offender who is living with his/her immediate family. For purposes of this section, "immediate family" is defined as a person's spouse, the person's parent, the person's grandparent, the person's brother or sister of whole or half blood, the person's child, the person's stepchild or the person's child by adoption and shall include children who have been placed in foster care, as defined by the Wisconsin Statutes.
A "designated offender" means any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child or 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., or any offender who has been designated under Ch. 980. Wis. Stats.
It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by any designated offender prohibited from establishing such residence pursuant to this chapter.
[Amended 4-24-2019 by Ord. No. O-2019-12]
Sexual Offender/Predator Residence Board.
The above requirements may be waived upon approval of the Sex Offender Residence Board through appeal by the affected party. Such appeal shall be made to the Village Clerk's Office, who shall forward the request to the Sex Offender Residence Board, which shall receive reports from the Police Department on such appeal. The Board shall convene and consider the public interest as well as the affected party's presentation and concerns. In making its determination under this provision the Sex Offender Residence Board may consider any or all of the following factors that may be applicable in the particular appeal:
Credibility of applicant.
Proximity of proposed residence to child congregation area.
Support network of applicant.
Support network and relationship of those at the proposed residence.
Counseling and treatment.
After deliberation, the Sex Offender Residence Board shall forward its decision in writing to the Village of Bellevue Police Department for their information and action. A written copy of the decision shall be provided to the affected party.
Membership. The Ethics Board shall serve as the Sex Offender Residence Board.
The requirements of this chapter may be waived upon approval of the Village Board through further appeal by the affected party. Such appeal shall be made to the Village Clerk's office, which shall forward the request to the Village Board to be acted upon within 60 days of appeal application. A written copy of the decision shall be provided to the appealing party.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.