This chapter is a regulatory measure aimed at protecting the
health and safety of the public, especially the children in the City
of Glenwood City from the risk that convicted sex offenders may re-offend
in locations close to their residences or places where children congregate.
The Common Council finds and declares that sex offenders are a serious
threat to the public safety of children. The Common Council further
finds that when convicted sex offenders reenter society there is legitimate
concern about the risk of re-offense, and reducing opportunity and
temptation is important to minimizing the risk of re-offense. Therefore,
in addition to protections afforded by state law, the Common Council
finds there is a need to protect children in Glenwood City in places
where they congregate or play in public, near schools, day-care centers
and other places children frequent.
As used in this chapter and unless the context otherwise requires,
the following terms shall have the meanings indicated:
CHILD
Any person under the age of 18.
CRIME AGAINST CHILDREN
Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other state or the
federal government having like elements necessary for conviction,
respectively:
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§ 940.22(2)
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Sexual exploitation by therapist
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§ 940.30
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False imprisonment: victim was minor and not the offender's
child
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§ 940.31
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Kidnapping: victim was minor and not the offender's child
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§ 944.01
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Rape (prior statute)
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§ 944.06
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Incest
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§ 944.10
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Sexual intercourse with a child (prior statute)
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§ 944.11
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Indecent behavior with a child (prior statute)
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§ 944.12
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Enticing child for immoral purposes (prior statute)
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§ 948.02(1)
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First degree sexual assault of a child
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§ 948.02(2)
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Second degree sexual assault of a child
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§ 948.025
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Engaging in repeated acts of sexual assault of the same child
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§ 948.05
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Sexual exploitation of a child
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§ 948.055
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Causing a child to view or listen to sexual activity
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§ 948.06
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Incest with a child
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§ 948.07
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Child enticement
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§ 948.075
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Use of a computer to facilitate a child sex crime
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§ 948.08
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Soliciting a child for prostitution
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§ 948.095
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Sexual assault of a child by a school staff person or a person
who works or volunteers with children
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§ 948.11(2)(a) or (am)
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Exposing a child to harmful material or harmful descriptions
or narrations: felony sections
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§ 948.12
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Possession of child pornography
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§ 948.13
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Convicted child sex offender working with children
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§ 948.30
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Abduction of another's child
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§ 971.17
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Commitment of persons found not guilty by reason of mental disease
or mental defect: of an included offense
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§ 975.06
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Sex Crimes Law commitment
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RESIDENCE (RESIDE)
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
SEX OFFENDER
A.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child;
B.
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.,
or any person who is under court-ordered supervision by the Wisconsin
Department of Corrections for any sexual offense against a child;
C.
Any person who has been convicted of or has been found delinquent
for or has been found not guilty by reason of disease or mental defect
for a sexually violent offense and/or crime against children;
D.
Any person subject to the sex crimes commitment laws of § 975.06
or Ch. 980, Wis. Stats.;
E.
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats., or required to comply with sex offender registration pursuant
to § 971.17(1m), Wis. Stats.; or
F.
Any person who has been convicted of any offense listed in the
definition of "crime against children" in this section.
YOUTH CENTER
Includes places of worship, for example churches and synagogues,
and private businesses offering classes, training or activities specifically
for persons under the age of 18.
A sex offender residing within 500 feet of the real property comprising any of the uses enumerated in §
344-3 above does not commit a violation of this chapter if any of the following apply:
A. The sex offender is required to serve a sentence at a jail, prison,
juvenile facility, or other correctional institution or facility.
B. The sex offender has established a residence prior to the effective date of this chapter which is within 500 feet of any of the uses enumerated in §
344-3 above, or such enumerated use is newly established after such effective date and it is located within such 500 feet of a residence of a sex offender which was established prior to the effective date of this chapter.
C. The sex offender is a minor or ward under guardianship.
In addition to and notwithstanding the foregoing, but subject to §
344-4 above, no sex offender and no individual who has been labeled a special bulletin notification (SBN) and is still on parole, extended supervision or monitoring shall be permitted to reside in the City of Glenwood City, unless such sex offender was domiciled in the City at the time of the offense.
It shall be unlawful for any sex offender to do any of the following:
A. Enter or be physically present within the boundaries of any school, park, day-care facility, or other use defined in §
344-3.
B. Loiter within 500 feet of the boundary of any such school, park, day-care facility, fairground or other use defined in §
344-3. "Loiter" shall include, but not be limited to, lingering in an apparently aimless way, spending time idly, walking or moving slowly and indolently with frequent stops and pauses, or not moving at all, 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 children in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the sex offender 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 sex offender or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the sex offender an opportunity to dispel any alarm which would explain his or her presence and conduct at the locations identified above. No sex offender shall be convicted of an offense under this subsection if the law enforcement officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the sex offender was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
C. Use photography, video equipment or any kind of surveillance equipment of any location defined in §
344-3.
D. Holiday prohibitions. It is unlawful for any sex offender to participate
in a holiday event involving children, such as distributing candy
or other items to children on Halloween, wearing a Santa Claus costume
or wearing an Easter Bunny costume. Holiday events in which the sex
offender is the parent or guardian of the children involved, and no
non-familial children are present, are exempt from this subsection
A sex offender does not commit a violation of §
344-6 above and the enumerated uses may allow such sex offender on the property supporting such use if any of the following apply:
A. The property supporting an enumerated use under §
344-3 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;
(2) Written advance notice is made from the sex offender to an individual
in charge of the church and written approval from an individual in
charge of the church as designated by the church is made in return
of the attendance by the sex offender; and
(3) The sex offender shall not participate in any religious education
programs which include individuals under the age of 18. The written
approval shall state the dates for which it is in effect.
B. The property supporting an enumerated use under §
344-3 also supports a use lawfully attended by a sex offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the sex offender 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 activity related to the use as posted to the public; and
(2) Written advance notice is made from the sex offender to an individual
in charge of the use upon the property and written 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 sex offender. The written approval shall state the dates for
which it is in effect.
C. The property supporting an enumerated use under §
344-3 also supports a polling location in a local, state or federal election, subject to the following conditions:
(1) The sex offender is eligible to vote and the designated polling place
for the person is an enumerated use; and
(2) The sex offender 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 sex offender vacates the
property immediately after voting.
D. The property supporting an enumerated use under §
344-3 also supports an elementary or secondary school lawfully attended by a sex offender as a student, under which circumstances the sex offender who is a student may enter upon that property supporting the school at which the sex offender is enrolled, as is reasonably required for the educational purposes of the school.
E. With respect to other private properties/entities/organizations that
support an enumerated use:
(1) Written advance notice and application is made from the sex offender
to an individual in charge of the use upon the property and written
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 sex offender. The written approval
shall state the dates for which it is in effect.
(2) The sex offender's entrance and presence upon the property occurs
only as provided in the written approval.
Appeals for exceptions outside those enumerated above are to
be referred to the Chief of Police to be processed as follows:
A. The Chief of Police is authorized to grant temporary exceptions to the sex offender restricted zone restrictions established in §
344-6 to allow a sex offender to be within a sex offender restricted zone temporarily for events such as a family reunion in a park, special event at or within a restricted zone involving the sex offender's child or spouse, or other similar type situations.
B. For all other applications for exceptions, the Chief of Police shall
call a special meeting of a committee to review the application. The
committee shall be made up of at least four members from the following:
(2) Wisconsin Department of Corrections representative.
(3) Representative from the Public Safety Committee of the Common Council.
(4) The Mayor or a member of the Common Council.
(5) Community member at large.
C. Standards for granting exceptions.
(1) To grant an exception the committee must find that:
(a) There are circumstances unique to the sex offender that would not
be common among other sex offenders subject to this chapter, and that
application of this chapter to the sex offender would cause an extreme
hardship to that sex offender because of these unique circumstances.
(b) Granting the exception will not be detrimental to the public health,
safety or welfare of the community or to the neighborhood for which
the exception is sought.
(c) Granting the exception will not violate the spirit and the general
and specific purposes of this chapter.
(2) To be approved, an exception must receive an affirmative vote of
the majority of the committee members.
D. All exceptions granted are to be documented. The document is to be
maintained by the Police Department.
E. A copy of all exceptions granted will be available from the Glenwood
City Police Department, subject to the open records and other applicable
state and local laws and regulations.