[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 9.01, 9.02, 9.05, 9.051, 9.06, 9.08, 9.10 to 9.20, 9.22, 9.27 and 9.35 of the 2002 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 103.
Animals — See Ch. 113.
Alcoholic beverages— See Ch. 160.
Minors — See Ch. 181.
Nuisances — See Ch. 197.
[Amended 10-18-2011 by Ord. No. 18-11]
A. 
No person, except a sheriff, constable, police officer, or his deputies, shall fire or discharge any firearm, rifle, or spring or air gun of any description within the City, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian. This section shall prohibit hunting within the City, provided that the Chief of Police may issue written permits to owners or occupants of private premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of lives and property of other persons within the City.[1]
[1]
Editor's Note: For trapping of animals, see Ch. 197, Nuisances, § 197-8O.
B. 
The Chief of Police may also issue written permits to individuals to hunt on lands owned by the City of Jefferson if it is determined by the Chief that it can be done safely. Such hunting must comply with all State of Wisconsin regulations and performed only by bow and arrow or crossbow as defined by Chapter 29 of the Wisconsin Statutes.
[Added 9-19-2023 by Ord. No. 11-23]
No person shall throw or shoot any object, arrow, stone, snowball, or other missile or projectile, by hand or by any other means, at any other person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the City.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge, railway depot platform, railway car, or public park or public ground within the City in such a manner as to prevent or hinder free ingress or egress to or from any place of business, amusement, church, public hall or meeting place or for any other purpose for which a proper accounting cannot be made.
No person shall loiter or prowl 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 persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
Section 943.13, Wis. Stats., is incorporated herein by reference as though fully set forth, but the penalty for violation under this section shall be limited to a forfeiture as set forth in Chapter 1, Article I of this Code. Any act required or prohibited by § 943.13, Wis. Stats., is required or prohibited by this section.
A. 
Prohibited. No student who is under suspension, expulsion, exemption or other discipline excluding him from attending school, no person not a student presently enrolled to attend school or one who is not an employee under the jurisdiction of the school district of the Jefferson Board of Education, no parent or guardian of a student so enrolled or not an otherwise authorized person shall be present within any school building or upon any school grounds under the jurisdiction of such school board without having first secured authorization to be there from the principal or other person in charge of such school building or grounds, except while in direct route to secure such authorization. Authorized persons shall include any person who is present at any school building or grounds for any purpose previously authorized by the Board of Education or its designee.
B. 
Display of authorization required. Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of such school board or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise explain his presence or status as such student, employee, parent, guardian or authorized person.
C. 
To be posted. All entrances to the school building referred to in Subsection A above shall be posted with a notice stating "Entry into school building by unauthorized persons prohibited." All school grounds shall be posted with a notice stating "Entry upon school grounds by unauthorized persons prohibited."
No person shall within the City:
A. 
In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy other persons.
B. 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the City.
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence. This section shall be interpreted to include engine-driven or powered vehicles with noisy or defective muffling devices or without such noise depressors.
No person shall, without reasonable excuse or justification, resist or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority.
No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the City.
No person shall impersonate a policeman or peace officer within the City.
A police officer, peace officer or other duly constituted officer of the City may make reasonable requests for assistance of local citizens when a proper performance of his duties and the emergency nature of the situation demand such assistance to be necessary for the proper fulfillment of such duties.
Except as provided by state law, all forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City. Any peace officer or policeman may seize anything devised solely for gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.
No person shall willfully injure or intentionally deface, destroy or remove, take or meddle with any property belonging to the City or its departments or to any private person without the consent of the owner or property owner.
No person shall pick, remove, or damage any tree, shrub or flower in any public park, street or riverbank.
No person shall molest any birds or animals or their nests or dens on any public place or on a riverbank.
No person shall throw or otherwise place any glass, rubbish, garbage, cut brush or vegetation, waste or filth upon the streets, alleys, highways, public parks or other property of the City, or upon any private property not owned by him, or upon the surface of any body of water within the City. This section shall not apply to garbage or other refuse placed within the street right-of-way or in any alley in containers as required elsewhere in this Code for the purpose of regular garbage collection, so long as such containers are not placed within the traveled portion of the street or alley.
[Added 12-16-2014 by Ord. No. 19-14]
A. 
No person may, without permission and for the purpose of obtaining electrical current, gas or water with intent to defraud any vendor of electricity, gas or water do any of the following:
(1) 
Connect or cause to be connected by wire or any other device with the wire, cables or conductors of any such vendor.
(2) 
Connect or disconnect the meters, pipes or conduits of the vendor or in any other manner tamper or interfere with the meters, pipes or conduits, or connect with the meters, pipes or conduits by pipes, conduits or other instruments.
(3) 
Knowingly take, receive, use or convert to such person's own use, or the use of another, any electricity, water, or gas which has not been measured or authorized.
(4) 
Cut, remove or in any manner make ineffective any seal, locking band or lock on an electric, gas or water meter.
(5) 
Provide electricity, gas or water to another dwelling, via any means, which is without electricity, gas or water. Upon discovery of such instance, the dwelling providing electricity, gas or water may be disconnected immediately by the utility company.
B. 
The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this section, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through the meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created the conditions. The presumption does not apply to any persons furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.
C. 
Any person violating this section may be subject to a forfeiture of not less than $200 nor more than $500. Each day that a violation continues is a separate violation.
D. 
Any person violating this section will be required to make full restitution to the utility company for the cost of services obtained in violation of the section, and the cost of any damage to the equipment of a utility company as a result of the violation.
[Amended 4-5-2017 by Ord. No. 3-17]
The following offenses, defined as misdemeanors by state law, as may be amended, are prohibited in the City as violations of public peace and good order; such definitions are incorporated herein by reference as though fully set forth, but the penalty for violations under this section shall be limited to a forfeiture as set forth in Chapter 1, Article I, of this Code:
A. 
Section 943.01(1), Damage to property.
B. 
Section 943.20, Theft (less than $500).
C. 
Section 943.21, Fraud on hotel or restaurant keeper.
D. 
Section 943.24, Issue of worthless check (less than $500).
E. 
Section 943.50, Retail theft (less than $500).
F. 
Section 946.41, Resisting or obstructing officer.
G. 
Section 961.14(4), Possession of marijuana.
H. 
Section 961.41, Prohibited acts; penalties.
I. 
Section 961.573, Possession of drug paraphernalia (as described in §§ 961.571 and 961.572).
J. 
Section 940.19(1), Battery.
K. 
Section 941.299(2)(b through d), Restriction on the use of laser pointers.
L. 
Section 943.017(1), Graffiti.
M. 
Section 947.013(1m), Harassment.
N. 
Section 948.51(2), Hazing.
O. 
Section 943.23, Operating vehicle without owner's consent.
A. 
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article I, of this Code.
B. 
In addition to the penalty provided in Subsection A above, any person who shall damage public property shall be liable for the costs of repairing or replacing such property. The parent of an unemancipated child who causes damage to public or private property shall be liable for the cost thereof pursuant to § 895.035, Wis. Stats.
C. 
In addition to the penalty provided in Subsection A above, a juvenile may be subject to the dispositions and sanctions as provided in Chapter 1, § 1-6, of this Code.
D. 
In addition to the penalty provided in Subsection A above, if any person violates § 208-19G, Possession of marijuana, while in or on or otherwise within 1,000 feet of a state, county, City, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises, or while in or on or otherwise within 1,000 feet of a school bus, as defined in § 340.01(56), Wis. Stats., as may be amended, the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
[Added 5-16-2017 by Ord. No. 8-17]
E. 
In addition to the penalties provided in this section, any person in violation of § 208-19G, Possession of marijuana, and § 208-19I, Possession of drug paraphernalia, shall pay the actual cost of prosecution, including but not limited to the testing of a substance or a person, experts, witness fees and reports, etc.
[Added 5-16-2017 by Ord. No. 8-17]
[Added 12-21-2010 by Ord. No. 16-10]
A. 
Possession, use and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals whether under the common street or trade names of "spice," "K2," "genie," "Yucatan fire," "fake" or "new" marijuana, or by any other name, label, or description:
(1) 
Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 
(6aR,10aR)-9-(hydroxymethyl)-6,6dimethyl-3 (2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol some trade or other names: HU-210;
(3) 
1-Pentyl-3-(1-naphthoyl)indole-some trade or other names: JWH-018\spice;
(4) 
1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073;
(5) 
1-(3{trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or
(6) 
Any similar structural analogs.
B. 
Medical or dental use allowed. Acts otherwise prohibited under § 208-21A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
C. 
Violations and penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Chapter 1, Article I, of this Code. The initial forfeiture is set at $100 per offense, but shall be set annually by the Council and itemized in § 1-4C(1) of the City Code, together with the actual cost of prosecution, including but not limited to the testing of a substance or a person, experts, witness fees and reports, etc.
[Amended 5-16-2017 by Ord. No. 8-17]
D. 
In addition to the penalty provided in Subsection C above, if any person violates any provision of this section while in or on or otherwise within 1,000 feet of a state, county, City, village, or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises, or while in or on or otherwise within 1,000 feet of a school bus, as defined in § 340.01(56), Wis. Stats., as amended, the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
[Added 5-16-2017 by Ord. No. 8-17]
[Added 10-4-2011 by Ord. No. 16-11; amended 10-20-2015 by Ord. No. 10-15]
A. 
Pursuant to § 943.13(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the state or local governmental unit if the state or local governmental unit has notified the person not to enter or remain in the building while carrying a firearm or a specific type of firearm.
B. 
The City Administrator shall cause signs to be erected at all entrances to all buildings owned, occupied or under the control of the City of Jefferson providing notice that no person is to enter or remain in any such building while carrying a firearm. Such signs shall be five inches by seven inches or larger.
C. 
Nothing in this section shall be construed to apply to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police to possess a firearm in any public building. Notwithstanding § 939.22(22), Wis. Stats., for purposes of this paragraph, "peace officer" does not include a commission warden who is not a state-certified commission warden. Members of the Veterans of Foreign Wars (VFW) shall be allowed to store historic/ceremonial weapons within city buildings at location(s) designated by the Chief of Police.
D. 
Nothing in this section shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to § 941.23 or § 941.235, Wis. Stats.
E. 
The initial forfeiture for conviction shall be $100 for first offense, $200 for each subsequent offense, and thereafter be subject to § 208-20, Violations and penalties.
[Added 11-15-2011 by Ord. No. 22-11]
A. 
No person shall make or subscribe a false statement which he or she does not believe is true, while under oath or affirmation, when such oath or affirmation is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
B. 
The initial forfeiture for conviction of this offense shall be $150 plus costs and subject to additional penalties as itemized in § 208-20 of the City Code.
[Added 1-3-2012 by Ord. No. 23-11[1]]
A. 
No person shall use a telephone or cellular phone, or cause a telephone or cellular phone to be used, in the following manner:
(1) 
With the intent to frighten, intimidate, threaten, abuse, harass or offend, makes a telephone call and threatens to inflict injury or physical harm to any person or property of that person.
(2) 
With the intent to frighten, intimidate, threaten, abuse, harass or offend, makes a telephone call and uses any obscene, lewd, or profane language, or suggests any lewd or lascivious act.
(3) 
Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.
(4) 
Causes the telephone of another to repeatedly ring, with intent to harass any person at the called number.
B. 
Violations and penalties.
(1) 
First offense: $114 (bond amount: $50).
(2) 
Second offense: $177 (bond amount: $100), and a domestic abuse surcharge, pursuant to Chapters 66, 814, and 973, Wis. Stats., shall be added/imposed by the Jefferson County Municipal Court in the amount of $100 for all convictions of unlawful use of any telephone or cellular phone where the conduct constituting the violation involved "an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided, or against an adult with whom the adult person has created a child," § 973.055(1)(a)2, Wis. Stats.
[1]
Editor's Note: Section 1 of this ordinance provided that the City adopts § 947.012, Wis. Stats.
[Added 1-3-2012 by Ord. No. 24-11[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ELECTRONIC DEVICE
Any computer, computerized system, smart phone, or any other electronic device that has the capability to send a message.
MESSAGE
Any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in the § 943.70(1)(c), Wis. Stats.
B. 
Whoever does any of the following by means of an electronic device is subject to penalty as set forth below:
(1) 
With the intent to frighten, intimidate, threaten, abuse, harass or annoy another person:
(a) 
Sends a message to the person and in that message threatens to inflict injury or physical harm to any person or the property of any person.
(b) 
Sends a message with the reasonable expectation that the person will receive the message and in that message threatens to inflict injury or physical harm to any person or the property of any person.
(c) 
Sends a message to the person and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(d) 
Sends a message with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(e) 
Sends a message to the person while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(f) 
Sends a message while intentionally preventing or attempting to prevent the disclosure of his or her own identity, with the reasonable expectation that the person will receive the message.
(g) 
Sends repeated messages to the person.
(h) 
Sends repeated messages to the person with the reasonable expectation that the person will receive the message.
(i) 
Knowingly permits or directs another person to send a message prohibited by this section from an electronic device that is under his or her control.
C. 
Violations and penalties.
(1) 
First offense: $114 (bond amount: $50).
(2) 
Second offense: $177 (bond amount: $100), and a domestic abuse surcharge, pursuant to Chapters 66, 814, and 973, Wis. Stats., shall be added/imposed by the Jefferson County Municipal Court in the amount of $100 for all convictions of unlawful use of any electronic device where the conduct constituting the violation involved "an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided, or against an adult with whom the adult person has created a child, § 973.055(1)(a)2, Wis. Stats.
[1]
Editor's Note: Section 1 of this ordinance provided that the City adopts § 947.0125, Wis. Stats.
[Added 5-1-2012 by Ord. No. 10-12]
A. 
Declaration of policy. It is the policy of the City of Jefferson to comply with Chapter 51, Wis. Stats., as well as provide for the safety, welfare and health of the public while prohibiting certain harmful conduct of intoxicated persons. Nothing within this section is meant to contradict those elements proscribed under Chapter 51, Wis. Stats.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC PLACE
Includes a building or place owned or controlled by the City, a school, a place of public worship, and public street, including public sidewalk, alley, walk, or other publicly owned lands. "Public place" excludes the premises of a licensed alcohol establishment.
PUBLIC NUISANCE
A conduct by an individual which includes engaging in obnoxious behavior, being disoriented, falling, vomiting, public urinating, acting lewdly, loudly and/or combatively or being a danger to oneself or others.
INTOXICATED PERSON
A person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol in the person's body. Also included is any person presently impaired, mentally or emotionally, as a result of a drug or controlled substance, as that term is defined by the Wisconsin Statutes, in the body or a combination of alcohol and such other drugs or controlled substances. Evidence of an intoxicated person shall include a combination of the following indicators:
(1) 
Odor of intoxicants on the breath.
(2) 
Bloodshot eyes.
(3) 
Dilated pupils.
(4) 
Stumbling or staggering.
(5) 
Slurred speech.
(6) 
Failure of Standard Field Sobriety Test.
C. 
Intoxicated person in public place prohibited. No person in a public place shall conduct himself/herself so as to be:
(1) 
A danger to themselves or others; and/or
(2) 
A public nuisance; and
(3) 
Intoxicated or incapacitated by alcohol or drug or controlled substance as defined above; and/or
(4) 
Unable by reason of his/her condition to care for his/her safety, or the safety of others.
D. 
The penalty for the first conviction of this section shall be a forfeiture of not less than $150 plus the cost of prosecution, including but not limited to costs and assessments, including the cost of transporting the individual to an approved treatment facility as provided for in § 51.45(11), Wis. Stats, if the individual voluntarily agrees to be transported or is incapacitated so as to require transport. The second and any subsequent offense within a twelve-month period shall be not less than $400 plus cost of prosecution including but not limited to costs and assessments, along with the cost of transporting the individual to an approved treatment facility as provided for in § 51.45(11), Wis. Stats. The forfeiture amount shall be set annually by the City.
[Added 12-4-2012 by Ord. No. 16-12]
A. 
Purpose and intent.
(1) 
This chapter is a regulatory measure aimed at protecting the health and safety of children in the City of Jefferson from the risk that convicted sex offenders may reoffend in locations close to their residences. The City finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of re-offense, 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, day-care centers and other places children frequent.
(2) 
It is not the intent of the City to punish sex offenders, but rather to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City of Jefferson by creating areas around certain locations where children regularly congregate in concentrated numbers, wherein, certain sexual offenders are prohibited from establishing temporary or permanent residence.
B. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
CHILD
A person under the age of 18 years.
OFFENDER
(1) 
Any person who is required to register under § 301.45, Wis. Stats., for any offense against a child or 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.;
(2) 
Any person subject to the sex crimes commitment provisions of § 975.06, Wis. Stats.;
(3) 
Any person found not guilty by reason of disease or mental defect placed on lifetime supervision under § 971.17(1j), Wis. Stats.
ORIGINAL DOMICILE
The offender's true, fixed and permanent home, to which the offender intends to return and remain even though currently residing elsewhere.
PERMANENT RESIDENCE
A place where a person abides, lodges, or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE
A place where a 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 place where the person routinely abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month and is not the person's permanent address.
C. 
Residency restriction.
[Amended 7-5-2017 by Ord. No. 9-17]
(1) 
Restriction. In the absence of a circuit court order specifically exempting an offender from the residency restriction in this subsection, an offender shall not establish a permanent or temporary residence within 1,500 feet of the following:
(a) 
Private or public school.
(b) 
Public park, parkway, or parkland.
(c) 
Recreational trail.
(d) 
Public playground.
(e) 
Public library.
(f) 
Athletic field used by children.
(g) 
Licensed day-care center, as defined in § 48.65, Wis. Stats.
(h) 
Specialized school for children, including but not limited to a gymnastics academy, dance academy, or music school.
(i) 
Group home for children, as defined in § 48.02(7), Wis. Stats.
(j) 
Residential care center for children, as defined in § 48.02(15d), Wis. Stats.
(k) 
Foster home, as defined in § 48.02(6), Wis. Stats., or treatment foster home, as defined in § 48.02(17q), Wis. Stats.
(2) 
Measuring distance and map of restricted locations. For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the establishments listed above in Subsection C(1). The City Clerk shall maintain an official map showing prohibited locations as defined by this section. The City Clerk shall update the map at least annually to reflect any changes in the prohibited areas.
(3) 
Exceptions. A offender residing within a prohibited area as described in Subsection C(1) does not commit a violation of this section if any of the following apply:
(a) 
The offender is required to serve a confined sentence at a jail or other correctional institution or facility located within a prohibited area.
(b) 
The offender established a permanent or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the effective date of this section. Once said offender no longer resides in the restricted area, another convicted sex offender may not establish residency in said residence in the restricted area.
(c) 
The school, park, recreational trail, playground, library, athletic field, day care, specialized school, group home, residential care center, or foster home, where children regularly gather within 1,500 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and reported and registered the residence pursuant to § 301.41, Wis. Stats.[1]
[1]
Editor's Note: This section was repealed by L.1969, c. 87, § 65.
(d) 
The offender is a minor or ward under guardianship.
(4) 
Property owners prohibited from renting real property to certain offenders.
(a) 
It is unlawful to let or rent any place, structure, or part thereof with the knowledge that it will be used as a permanent or temporary residence by any offender prohibited from establishing such permanent or temporary residence pursuant to this section, if such place, structure, or part thereof is located within a prohibited area and not subject to an exception set forth in Subsection C(3) above.
(b) 
A property owner's failure to comply with this section shall constitute a violation of this section, and shall subject the property owner to the penalty provisions in Subsection E below.
D. 
Child safety zones.
(1) 
Definition. "Child safety zones" shall include any real property upon which there exists any route, path, area, or facility used for or which supports a use of:
(a) 
A public or private school.
(b) 
A public park, parkway, or parkland.
(c) 
A public library.
(d) 
A recreational trail.
(e) 
A public playground.
(f) 
Athletic fields used by children.
(g) 
Licensed day-care center, as defined in § 48.65, Wis. Stats.
(h) 
Specialized school for children, including, but not limited to a gymnastics academy, dance academy, or music school.
(i) 
Group home for children, as defined in § 48.02(7), Wis. Stats.
(j) 
Residential care center for children, as defined in § 48.02(15d).
(k) 
Foster home, as defined in § 48.02(6), Wis. Stats., or treatment foster home, as defined in § 48.02(17q), Wis. Stats.
(2) 
Restriction. It shall be unlawful for any offender to enter or be present upon any child safety zones.
(3) 
Map of restricted locations. The City Clerk will maintain an official map depicting the child safety zones as defined by this section. The City Clerk shall update the map at least annually to reflect any changes in the restricted locations.
(4) 
Exceptions. An offender does not commit a violation of Subsection D and offender may enter or be present upon a child safety zone if any of the following apply:
(a) 
The child safety zone also serves as 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 only occurs during hours of worship or other religious program/service as posted to the public;
[2] 
Written advance notice is made from the offender to an individual in charge of the church, and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the offender; and
[3] 
The offender shall not participate in any religious education programs which include individuals under the age of 18.
(b) 
The child safety zone also serves a use lawfully attended by an offender's natural or adopted child(ren) or natural or adopted grandchild(ren), which child's use reasonably requires the attendance of the offender as the child's parent or grandparent 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 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 offender.
(c) 
The child safety zone also serves as a polling location in a local, state or federal election, subject to the following conditions:
[1] 
The offender is eligible to vote;
[2] 
The designated polling place for the offender is an enumerated use; and
[3] 
The 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 offender vacates the property immediately after voting.
(d) 
The child safety zone also serves as an elementary or secondary school lawfully attended by an offender as a student, under which circumstances the offender who is a student may enter upon that property supporting the school at which he or she is enrolled, as is reasonably required for the educational purposes of the school.
(e) 
The offender is transporting the offender's natural or adopted child(ren) or natural or adopted grandchild(ren) to or from school or a child-care facility.
(f) 
The Chief of Police has granted the offender a temporary exception. The Chief of Police is authorized to grant a temporary exception to the child safety zone restrictions to allow an offender to be within a child safety zone temporarily for a special event at or within a child safety zone involving the offender's natural or adopted child, natural or adopted grandchild, or spouse. For example, with permission of the Chief of Police, an offender may attend their child's extracurricular activity in a public park.
E. 
Violations and penalties. Any person who violates the provisions of this section shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation. Each day a violation continues shall constitute a separate offense. The City may also seek equitable relief to gain compliance.
F. 
Appeal.
(1) 
Option to Appeal. An offender or property owner may seek an exemption from this section by appealing to the Sex Offender Residence Board.
(2) 
Membership. The Board shall consist of five citizens, three of whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April and the first Monday of May, appoint members for a term of two years, subject to confirmation by the Council.
(3) 
Procedure. The Board shall approve an official appeal form. An offender shall completely fill in the official form and submit it to the City Clerk, who shall forward it to the Board, which shall receive reports from the Police Department on such appeal. The Board shall then convene and consider the public interest as well as the offender's presentation and concerns. The Board shall decide by majority vote whether to grant or deny an exemption. An exemption may be conditional or limited to a certain address or time. After deliberation, the Board shall forward its decision, in writing, to the offender and the City of Jefferson Police Department for their information and action.