[Adopted as § 31.39 of the Village Code]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
CHILD
A person age 16 or younger for purposes of this article.
DESIGNATED OFFENDER
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 of 18 at the time of the offense
and the offender was not tried and convicted of the offense as an
adult.
LOITER-FREE ZONE MAP
An official map, maintained by the Village, showing loiter-free
zones designated in purple (the "Loiter-Free Zone Map"). The Village
shall update the Loiter-Free Zone Map at least annually to reflect
any changes in the location of loiter-free zones. Loiter-free zone
maps will be available at the Village's office and on the Village's
official website.
LOITER-FREE ZONES
The following areas including a surrounding fifty-foot radius
where children congregate are designated by the Village to be loiter-free
zones, including but not limited to:
B.
A public park, parkway, parkland, or park facility;
D.
A public recreational trail;
E.
Licensed day-care centers; or
F.
Any other place designated by the Village as a place where children
are known to congregate.
LOITERING
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, for the purpose
of interacting or attempting to interact with children (excepting
children or relatives of the designated offender), taking or attempting
to take photographs of children (excepting children or relatives of
the designated offender), or engaging in activities that would be
of interest to children (excepting children or relatives of the designated
offender) or when otherwise serving no legitimate purpose.
A person who violates this article shall be punished by a forfeiture
not exceeding $2,000, together with the actual costs of prosecution,
including attorney fees, if necessary.
[Adopted as § 31.42 of the Village Code]
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 than are ever reported, and are prosecuted
for only a fraction of their crimes. This makes the cost of sex offender
victimization to society, while incalculable, clearly exorbitant.
It is the intent of this article not to impose a criminal penalty
but 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 establishing temporary or permanent
residence.
For the purposes of this article, the following terms shall
have the meanings indicated:
CHILD
A person under the age of 16 years.
DESIGNATED OFFENDER
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
has been designated a special bulletin notification (SBN) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
PERMANENT RESIDENCE
A place where the person abides, lodges, or resides for 14
or more consecutive days.
TEMPORARY RESIDENCE
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 designated offender residing within a prohibited area as specified in §
367-7 does not commit a violation of this article if any of the following applies:
A. The person established a permanent residence or temporary residence
and reported and registered the residence as provided in § 301.45,
Wis. Stats., before the effective date of this article.
B. The person was under 17 years of age and is not required to register
under § 301.45 or 301.46, Wis. Stats.
C. The school, licensed day-care center, park, recreational trail, playground,
parkway or any other place designated by the Village as a place where
children are known to congregate within 2,000 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 as provided in § 301.45, Wis. Stats.
D. The residence is also the primary residence of the person's spouse,
parents, grandparents, siblings or children, provided that the spouse,
parents, grandparents, siblings or children established the residence
at least two years before the designated offender established residence
at the location.
If a person violates §
367-7 by establishing a residence or occupying a residential premises within 2,000 feet of those premises as described herein, without any exception(s) as also set forth above, the Village Attorney, upon referral from the Brown County Sheriff's Department and the written determination by the Brown County Sheriff's Department that based upon all of the facts, circumstances and the purposes of this article such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health or safety of another or others, shall bring an action in the name of the Village in the Circuit Court for Brown County to permanently enjoin such residency as a public nuisance. In addition to the aforesaid injunctive relief, such person shall be subject to a forfeiture of not less than $1,000 nor more than $2,500 for each violation and in default of payment may be imprisoned as provided by law for not more than 90 days. Each day a violation continues shall constitute a separate offense. In addition, the Village may undertake all other legal and equitable remedies to prevent or remove a violation of this article.