[Adopted 1-12-2015 by Ord. No. 14-13]
(a)
The City Council finds and declares that sex offenders are a serious
threat to public safety and 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 and day-care facilities. The City
finds and declares that, in addition to schools and day-care facilities,
children congregate or play in a number of other public places, including
public parks and other facilities for children.
(b)
The City Council is aware that sex offenders have dramatically higher
recidivism rates than any other type of violent felon, and according
to 1997 and 2003 reports by the United States Department of Justice,
sex offenders are the least likely to be cured and the most likely
to reoffend and prey on the most innocent members of our society,
and more than 2/3 of the victims of rape and sexual assault are under
the age of 18; and
(c)
The City Council knows that the United States Supreme Court has recognized
that the risk of recidivism posed by sexual offenders is "frightening
and high" and "when convicted sex offenders re-enter society, they
are much more likely than any other type of offender to be re-arrested
for a new rape or sexual assault," Smith v. Doe, 538 U.S. 84, 123
S.Ct. 1140 155 L.Ed. 2d 164 (2003) and McKune v. Lile, 536 U.S. 24,
34, 122 S.Ct. 2017, 153 L.Ed. 2d 47 (2002) citing U.S. Department
of Justice, Bureau of Justice Statistics, Sex Offenses and Offenders,
27 (1997): U.S. Department of Justice, Bureau of Justice Statistics,
Recidivism of Prisoners Released in 1983, page 6 (1997).
(d)
The City Council has reviewed the decision of the United States Court
of Appeals for the 8th Circuit in Doe v. Miller, 405 F.3d 700, 716
(8th Circuit 2005), providing in part: "The record does not support
a conclusion that the Iowa General Assembly and the Governor acted
biased merely on negative attitudes toward, fear of, or a bare desire
to harm a politically unpopular group. [Citation omitted] Sex offenders
have a high rate of recidivism, and the parties presented expert testimony
that reducing opportunity and temptation is important to minimizing
the risk for individuals to reoffend. Even experts in the field could
not predict with confidence whether a particular sex offender will
reoffend, whether an offender convicted of an offense against a teenager
will be among those who crossover to offend against a younger child,
or the degree to which regular proximity to a place where children
are located, enhances the risk for individuals to reoffend against
children. One expert in the district court opined that it is just
common sense that limiting the frequency of contact between sex offenders
and areas where children are located is likely to reduce the risk
of an offense. [Citation omitted] The policymakers of Iowa are entitled
to employ such common sense, and we are not persuaded that the means
selected to pursue the State's legitimate interest are without
rational basis."
(e)
This article is a regulatory measure aimed at protecting the health
and safety of children in the City of Lake Geneva from the risk that
convicted sex offenders may reoffend in locations close to their residences.
It is the intent of this article not to impose a criminal penalty
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 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; and by creating child safety zones where children
regularly congregate in concentrated numbers wherein access by certain
sexual offenders and sexual predators to such zones shall be restricted
or excluded.
As used in this article and unless the context otherwise requires,
the following terms shall have the meanings indicated:
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:
Section 940.225(1), First degree sexual assault;
Section 940.225(2), Second degree sexual assault;
Section 940.225(3), Third degree sexual assault;
Section 940.22(2), Sexual exploitation by therapist;
Section 940.30, False imprisonment; victim was minor and not
the offender's child;
Section 940.31, Kidnapping; victim was minor and not the offender's
child;
Section 944.10, Sexual intercourse with a child (prior statute);
Section 944.06, Incest;
Section 944.11, Indecent behavior with a child (prior statute);
Section 944.12 Enticing Child for Immoral Purposes (prior statute);
Section 948.02(1) and (2), First and second degree sexual assault
of a child;
Section 948.025, Engaging in repeated acts of sexual asault
of the same child;
Section 948.05, Sexual exploitation of a child;
Section 948.055, Causing a child to view or listen to sexual
activity;
Section 948.06, Incest with a child;
Section 948.07, Child enticement;
Section 948.075, Use of a computer to facilitate a child sex
crime;
Section 948.08, Soliciting a child for prostitution;
Section 948.095, Sexual assault of a student by school instructional
staff;
Section 948.11(2)(a) or (am), Exposing child to harmful material;
felony section;
Section 948.12, Possession of child pornography;
Section 948.30, Abduction of another's child;
Section 971.17, Not guilty by reason of mental disease; of an
included offense;
Section 975.06, Sex crimes law commitment.
A person who has been convicted of or has been found delinquent
of or has been found not guilty by reason of disease or mental defect
of a sexually violent offense and/or a crime against children.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Shall have the meaning as set forth in Section 980.01 (6),
Wis. Stats., as amended from time to time.
(a)
A child safety zone is hereby created in the following locations,
and an offender shall not reside within 2,000 feet of real property
that supports or upon which there exists any of the following uses:
(1)
Any facility for children;
(2)
A public park, parkway, parkland, park facility;
(3)
A public swimming pool;
(4)
A public library;
(5)
A public beach;
(6)
A recreational trail;
(7)
A public playground;
(8)
A school for children;
(9)
Athletic fields used by children;
(10)
A day-care center;
(11)
Venetian Festival held annually in August of each year and sponsored
by the Lake Geneva Jaycees.
(12)
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school; or
(13)
Aquatic facilities open to the public.
(b)
Measurement of distance. The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection (a) of this section.
(c)
Residency restriction exceptions. An offender residing within 2,000 feet of real property that supports or upon which there exists any of the uses enumerated in Subsection (a) of this section does not commit a violation of this article if any of the following apply:
(1)
The offender is required to serve a sentence or is otherwise
involuntarily required to reside in a jail, prison, juvenile facility,
or other correctional institution or mental facility.
(2)
The offender has established a residence prior to the effective
date of the ordinance codified in this article.
(3)
The use enumerated in Subsection (a) of this section began after
the offender established a residence.
(4)
The offender is a minor or ward under guardianship.
(d)
In addition to and notwithstanding the foregoing, but subject to Subsection (c) of this section, no offender, who has been convicted of a sexually violent offense and/or crime against children, shall be permitted to reside in the City of Lake Geneva and no supervised release of such Wisconsin Statutes Chapter 980 sexually violent person shall be established in the City of Lake Geneva unless such offender was domiciled in the City of Lake Geneva at the time of the offense resulting in the offender's most recent conviction for committing the sexually violent offense and/or crime against children.
(a)
It is unlawful for any person defined as an offender pursuant to Section 50-201 to loiter or prowl in the locations enumerated in Section 50-202(a) in a place, at a time, or a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(b)
Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him/her to identify himself/herself and explain his/her presence and conduct at the locations enumerated in Section 50-202(a). No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
The previous section shall not apply where the actor was accompanied
by his/her parent, guardian or other adult person having his/her care,
custody or control, or where that actor was exercising first amendment
rights protected by the United States Constitution or Wisconsin Constitution,
including freedom of speech, the free exercise of religion and the
right of assembly.
(a)
A person who violates provisions of Section 50-202 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, including injunctions, to gain compliance.
The provisions of this article shall be deemed severable and
it is expressly declared that the City Council would have passed the
other provisions of this article irrespective of whether or not one
or more provisions may be declared invalid. If any provisions of this
article or the application to any person or circumstance are held
invalid, the remainder of this article or the application of such
other provisions to other persons or circumstances shall not be affected.
