[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2006 by Ord. No. 123A]
A.
Repeat sexual offenders, sexual offenders who use physical violence,
and sexual offenders who prey on children are sexual predators who
present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses,
and most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.
It is the intent of this article to serve the Town's compelling interest
to promote, protect and improve the health, safety, and welfare of
the citizens of the Town by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person under the age of 16 for purposes of this article.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense against a child.
A person under the age of 17.
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.
A.
Prohibited location of residence. It is unlawful for any designated
offender to establish a permanent residence or temporary residence
within 2,000 feet of any school, licensed day-care center, park, trail,
playground, place of worship, or any other place designated by the
Town as a place where children are known to congregate.
B.
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving children under 18 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 offender is the parent or guardian of the children involved,
and no nonfamilial children are present, are exempt from this subsection.
C.
Measurement of distance.
(1)
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 residence or temporary residence
to nearest outer property line of a school, licensed day-care center,
park, trail, playground, place of worship, or any other place designated
by the Town where children are known to congregate.
D.
Exceptions. A designated offender residing within a prohibited area as described in Subsection A 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 school, licensed day-care center, park, trail, playground, place
of worship, or any other place designated by the Town as a place where
children are known to congregate within 2,000 feet of the person's
permanent residence 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)
The residence is also the primary residence of the person'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.
(5)
The residence is a property owned or leased by the Wisconsin Department
of Corrections.
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 residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this article, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in § 274-3A.
B.
A property owner's failure to comply with the provisions of this
section shall constitute a violation of this section and shall subject
the property owner to the code enforcement provisions and procedures
as provided in this article.
A.
It is unlawful for any owner, real estate broker or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this article, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone described in § 274-3A.
B.
Failure to comply with the provisions of this section shall constitute
a violation of this section and shall subject the person violating
this section to the code enforcement provisions and procedures as
provided in this article.
Penalties. A person who violates this article shall be punished
by a forfeiture not exceeding $500. Each day a person maintains a
residence in violation of this article constitutes a separate violation.
The Town may also seek equitable relief.
