[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.]
A.
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.
B.
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.
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.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
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.
RESTRICTED ZONESCertain areas that are designated by the Village as areas in which children congregate, including but not limited to schools, parks, trails, playgrounds, licensed day-care centers, places of worship, or any other place designated by the Village as a place where children are known to congregate. Restricted zones will not expand beyond the real estate parcel or parcel(s) upon which the building, park or establishment is located that instigated the Village's designation of such restricted zone but will include contiguous parcels used for ancillary purposes, such as an athletic field located adjacent to a school.
NO LOITERING ZONESThe five-hundred-foot radius surrounding all restricted zones.
RESTRICTED ZONE MAPAn official map, maintained by the Village, is established showing approximate restricted zones designated in green and no loitering zones designated in blue. The Village shall update the Restricted Zone Map as necessary to reflect any changes in the location of restricted zones and no loitering zones. Restricted Zone Maps will be available at the Village's office and on the Village's official website.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
(1)
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.
(2)
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.
(3)
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.
A.
Restricted zones.
(1)
Restricted zone restrictions. It is unlawful for any designated offender
to be physically present within a restricted zone.
(2)
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:
B.
No loitering zones. It is unlawful for a designated offender to loiter
within a restricted zone or no loitering zone.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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]
A.
Sexual Offender/Predator Residence Board.
(1)
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:
(2)
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.
(3)
Membership. The Ethics Board shall serve as the Sex Offender Residence
Board.
B.
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.
