As used in this chapter and unless the context otherwise requires,
the following terms shall have the meanings indicated:
CHILD
A person under the age of 18 years.
DOMICILE
An individual's fixed and permanent home where the individual
intends to remain permanently and indefinitely and to which, whenever
absent, the individual intends to return, except that no individual
may have more than one domicile at any time. Domicile is not a residence
for any special or temporary purpose.
PERMANENT RESIDENCE
A place where a person abides, lodges or resides for 14 or
more consecutive days.
SEX OFFENDER
Any person who is required to register under Wis. Stats.,
Section 301.45, for any offense against a child, or any person who
has been convicted of, or found not guilty by reason of mental disease
or defect and placed on lifetime supervision under Wis. Stats., Sec.
971.17(1j), for the following offenses:
A.
Section 940.225(1), First degree sexual assault;
B.
Section 940.225(2), Second degree sexual assault;
C.
Section 940.225(3), Third degree sexual assault;
D.
Section 940.22(2), Sexual exploitation by therapist;
E.
Section 940.30, False imprisonment-victim was minor and not
the offender's child;
F.
Section 940.31, Kidnapping-victim was minor and not the offender's
child;
G.
Section 944.01, Rape (prior statute);
H.
Section 944.10, Sexual intercourse with a child (prior statute);
J.
Section 944.11, Indecent behavior with a child (prior statute);
K.
Section 944.12, Enticing child for immoral purposes (prior statute);
L.
Section 948.02(1) and (2), First and Second Degree Sexual Assault
of a Child;
M.
Section 948.025, Engaging in repeated acts of sexual assault
of the same child;
N.
Section 948.05, Sexual exploitation of a child;
O.
Section 948.055, Causing a child to view or listen to sexual
activity;
P.
Section 948.06, Incest with a child;
Q.
Section 948.07, Child enticement;
R.
Section 948.075, Use of a computer to facilitate a child sex
crime;
S.
Section 948.08, Soliciting a child for prostitution;
T.
Section 948.095, Sexual assault of a student by school instructional
staff;
U.
Section 948.11(2)(a) or (am), Exposing child to harmful material-felony
section;
V.
Section 948.12, Possession of child pornography;
W.
Section 948.30, Abduction of another's child;
X.
Section 971.17, Not guilty by reason of mental disease-of an
included offense; and
Y.
Section 975.06, Sex crimes law commitment.
SEXUALLY VIOLENT OFFENSE
Shall have the meaning as set forth in Section 980.01(6),
Wis. Stats., as amended from time to time.
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 which is not the person's
permanent address.
A sex offender residing within a prohibited area as described in above Section
9.29.030 does not commit a violation of this chapter if any of the following apply:
A. The person established a permanent residence or temporary residence
and reported and registered the residence pursuant to Wis. Stats.,
Section 301.45, before the effective date of this section.
B. The person was under 17 years of age and is not required to register
under Wis. Stats., Section 301.45 or 301.46.
C. The person is required to serve a sentence at a jail, juvenile facility
or other correctional institution or facility.
D. The person is a minor or ward under guardianship.
In addition to and notwithstanding the residency restrictions set forth herein, and subject to Section
9.29.040 above, no sex offender shall be permitted to reside in the Village of Darien unless such person was domiciled in the Village of Darien at the time of the offense resulting in the person's most-recent conviction, commitment or placement as a sex offender as set forth in Section
9.29.040 above.
A person does not commit a violation of Section
9.29.060 above, and the enumerated uses may allow such person on the property supporting such use, if any of the following apply:
A. The property supporting an enumerated use under Section
9.29.060 also supports 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 occurs only during hours
of worship or other religious program/service as posted to the public;
and
2. Written advance notice is made from the person 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 person; and
3. The person shall not participate in any religious education programs
which include individuals under the age of 18.
B. The property supporting an enumerated use under Section
9.29.060 also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:
1. Entrance and presence upon the property occurs only during hours
of the activity related to the use as posted to the public; and
2. Written advance notice is made from the person 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 person.
C. The property supporting an enumerated use under Section
9.29.060 also supports a polling location in a local, state or federal election, subject to the following conditions:
1. The person is eligible to vote;
2. The designated polling place for the person is an enumerated use;
and
3. The person enters the polling place property, proceeds to cast a
ballot with whatever usual and customary assistance is provided to
any member of the electorate, and the person vacates the property
immediately after voting.
D. The property supporting an enumerated use under Section
9.29.060 also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.