[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:
A person under the age of 18 for purposes of this article.
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.
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]
Any public or private golf course or range.
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.
A person under the age of 17.
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.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
Any public or private elementary or secondary school.
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy, or music school.
Any swimming pool, wading pool, or aquatic facility held
open for use by the public.
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:
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.
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:
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.
