[Adopted as Title 11, Ch. 2, of the 1993 Code of Ordinances]
A.
Discharge of firearms regulated. No person, except a law enforcement
officer in the performance of an official duty, shall fire or discharge
any firearm, rifle, spring gun, air gun or pneumatic pellet gun or
bow and arrow of any description or have any such firearm, rifle,
gun or bow and arrow in his possession or under his control within
the Village of Howards Grove, unless it is unloaded and lawfully enclosed
or unless done pursuant to a valid concealed carry license. Provided
that this subsection shall not prevent the firing or discharging of
BB guns upon private premises by persons over 16 or under the direct
personal supervision of a parent or guardian. It is not a violation
of this section for a firearm, bow and arrow or other implement to
be discharged if the actor's conduct is justified or, had it been
subject to a criminal penalty, would have been subject to a defense
described in § 939.45, Wis. Stats.[1]
B.
Shooting into Village limits. No person shall in the territory adjacent
to the Village discharge any firearm in such manner that the discharge
shall enter or fall within the Village of Howards Grove.
C.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Village Board where proper safety precautions are
taken.
D.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the Village without first
obtaining a permit to do so from the Village Board.
E.
Throwing or shooting of stones or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot or other means within
300 feet of any inhabited dwelling (other than one owned by such person)
or building or any public park, square or enclosure.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section the following terms shall have the meanings
indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3)
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Village of Howards Grove in such
a manner as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Howards Grove.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including, but not limited to, business or industry parking lots
or shopping malls without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof or at any time other than usual business hours. Under this
subsection, "business place" shall include public building at such
times that the same shall be closed for the usual and normal business
conduct thereat.
(2)
Upon being requested to move by any such person in authority or by
any law enforcement officer, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited. No person shall loiter or prowl
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 persons or
property in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
person takes flight upon appearance of a law enforcement officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
make it impracticable, a law enforcement officer shall, prior to any
arrest for an offense under this subsection, afford the person an
opportunity to dispel any alarm which would otherwise be warranted,
by requesting him to identify himself and explain his presence and
conduct. No person 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 person
was true and, if believed by the law enforcement officer at the time,
would have dispelled the alarm.
D.
Loitering by underage persons where alcohol beverage is dispensed.
(1)
Underage persons and intoxicants. No underage person shall enter,
remain or loiter in any public or private place where any fermented
malt beverage or other alcohol beverage is sold, dispensed, given
away or made available, unless accompanied by a parent, guardian or
spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal drinking age
shall permit any underage person to enter, remain or loiter in any
premises, public or private, where fermented malt beverages or other
alcohol beverages are served, sold, dispensed, given away or made
available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
E.
LOITER
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
[1]F.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. No person shall loiter in or near any thoroughfare or
public place in a manner and under circumstances manifesting the purpose
of inducing, enticing, soliciting or procuring another to commit an
act of prostitution. Among the circumstances which may be considered
in determining whether such purpose is manifested are: that such person
is a known prostitute or panderer or that such person repeatedly beckons
to stop or attempts to stop or engages male or female passersby in
conversation or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific
intent to induce, entice, solicit or procure another to commit an
act of prostitution. No arrest shall be made for a violation of this
subsection unless the sworn law enforcement officer first affords
such persons an opportunity to explain such conduct, and no one shall
be convicted of violating this subsection if it appears at trial that
the explanation given was true and disclosed a lawful purpose. As
used in this subsection, the following terms shall have the meanings
indicated:[2]
A person who, within five years previous to the date of arrest
for violation of this subsection, had, within the knowledge of the
sworn law enforcement officer, been convicted in any municipal court
or circuit court in the State of Wisconsin of an offense involving
prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise. It shall be unlawful for any person knowingly
or wantonly to use or operate, or to cause to be used or operated,
any mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood is disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Village for longer than three seconds in any period of
one minute or less, except as a danger warning; the creation of any
unreasonably loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in a loud and unnecessary manner. The operation of any set,
instrument, phonograph, machine or device between the hours of 10:00
p.m. and 7:00 a.m. in a manner as to be plainly audible at the property
line of the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(3)
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
(4)
Animals, birds. The keeping of any animal or bird which causes frequent
or long continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper Village
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor boat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 6:30 a.m. and 10:00
p.m. on weekdays; provided, however, that the Village President shall
have the authority, upon determining that the loss of inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 10:00 p.m. to 6:30 a.m.
(8)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital, church or court street. No person, while on public or private
grounds adjacent to any building or while within any building in which
a school or any class thereof is in session, shall willfully make
or assist in the making of any noise or diversion which disturbs or
tends to disturb the peace or good order and operation of such school
session or class thereof.[1]
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the Village while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the Village, county, or state at night when public
welfare and convenience render it impossible to perform such work
during the day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the Village of Howards Grove is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Village Board.
(2)
Grounds or reasons for denial or allowance. The Village Board shall
have the authority to revoke such permit when it believes such loudspeaker
or amplifying device is becoming a nuisance because of the volume,
the method in which it is being used or the location in which it is
being operated.
(3)
Time restrictions. The Village Board shall not grant a permit to
use an outdoor loudspeaker or amplifying device before the hour of
9:00 a.m. or after 1:00 a.m. No permit shall be granted to anyone
who, in the opinion of the Village Board, uses said loudspeaker or
amplifying device in such a manner or for such a purpose as to constitute
a nuisance.
E.
Stationary noise limits.
(1)
No person shall operate, or cause to be operated, on private property
any source of sound in such a manner as to create a sound level which
exceeds the following limits when measured at any point beyond 25
feet from the boundary line of the property which constitutes the
noise source:
(2)
Sound levels under this subsection shall be measured with a Type
1 sound level meter manufactured according to standards prescribed
by the American National Standards Institute in Specification S1.4.
Measurements shall be made using an "A" weighted network of the sound
level meter. Under this subsection, noises capable of being accurately
measured with such equipment shall be deemed to be those noises which
cause fluctuations of the needle of the sound level meter with a variation
of no more than plus or minus two decibels.[2]
A.
Disorderly conduct prohibited. No person within the Village of Howards
Grove shall:
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person.
(3)
Indecently expose his or her person.
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Village, or upon any private
property in open view of the public, or in the halls, rooms without
restroom facilities, stairways or elevators of public or commercial
buildings.[2]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the Village or any person not a student presently enrolled or not
an employee of such school or not a parent or guardian of a student,
or not an otherwise "authorized person," shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for a purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Non-students, students from schools other than the school on the
property or students from a school who are not in compliance with
the school system's published rules and regulations shall be
considered in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a Village summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the Village of Howards
Grove or upon any School District grounds or within 200 feet of any
public school ground on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
E.
LOITER
NUISANCE
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Howards Grove.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a law enforcement officer while such law
enforcement officer is acting in an official capacity in carrying
out his or her duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any law enforcement
officer or any person called to assist such officer, or to threaten,
resist or interfere with such officer or person or to advise or encourage
any other person to resist or interfere with such officer or person
in the discharge of his duty, or to in any way interfere with or hinder
or prevent him from discharging his duty as such officer or assistant,
or to offer or endeavor to do so, or to in any manner assist any person
in the custody of any law enforcement officer to escape or to attempt
to escape from such custody, or to try to persuade any person to escape
from the custody of such officer, or to rescue or attempt to rescue
any person so in custody or to fail to obey the order or direction
of such officer while such officer is acting in his official capacity
in carrying out his duties.
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedule I and II[1] which is a narcotic drug, unless the substance was obtained
directly from, or pursuant to a valid prescription or order of, a
practitioner while acting in the course of his professional practice,
or except as otherwise authorized by this Code of Ordinances.
[1]
Editor's Note: See §§ 961.14 and 961.16, Wis.
Stats.
B.
Possession of marijuana.
(1)
No person shall possess marijuana, as defined in § 961.01(14),
Wis. Stats., unless it was obtained directly from, or pursuant to,
a valid prescription or order of a practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by Ch. 961, Wis. Stats.[2]
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, dentist, veterinarian, podiatrist, scientific investigator
or other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in the
State of Wisconsin.
(b)
A pharmacy, hospital or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of professional
practice or research in the State of Wisconsin.
(3)
This section does not apply to any person who is charged with possession
of more than 25 grams of marijuana, or who is charged with possession
of any amount of marijuana following a conviction for possession of
any amount of marijuana, in the State of Wisconsin, unless the charges
are dismissed or the District Attorney declines to prosecute the case.[3]
No individual shall cross a law enforcement line or fire line
that has been so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code of Ordinances:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any law enforcement officer of the Village may seize anything
devised solely for gambling or found in actual use for gambling within
the Village and dispose thereof after a judicial determination that
such device was used solely for gambling or found in actual use for
gambling.
A.
Finding and intent.
(1)
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 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.
(2)
It is the intent of this section not to impose a criminal penalty
but rather to serve the Village's compelling interest to promote,
protect, and improve the health, safety, and welfare of the citizens
of the Village. To that purpose, the Village has established 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.
B.
CHILD
DESIGNATED OFFENDER
MINOR
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except when the context clearly indicates a different meaning:
A person less than the age of 16 for the purposes of this
section.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual 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.
A person less than the age of 18.
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 non-consecutive days in any month and which
is not the person's permanent residence.
C.
Designated offender residence prohibition.
(1)
Residence prohibition. No designated offender shall be permitted
to reside in the Village of Howards Grove, unless such person was
domiciled in the Village of Howards Grove at the time of the offense
resulting in the person's most recent conviction requiring registration
under § 301.45, Wis. Stats., or being designated a Special
Bulletin Notification (SBN) sex offender pursuant to § 301.46(2)
and (2m), Wis. Stats.[1]
(2)
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, recreational
trail, playground, place of worship, or any other place designated
by the Village where children are known to congregate.
(3)
Measurement of distance.
(a)
For the 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, recreational trail, playground, place of worship, or any other
place designated by the Village where children are known to congregate.
(b)
The Village Clerk-Treasurer shall maintain an official map showing
prohibited locations as defined by this section. The Village Clerk-Treasurer
shall, with input and final approval from the Village Board, update
the map at least annually to reflect any changes in the location of
prohibited zones. These shall be designated on the map as child safety
zones.
(4)
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving children less than 18 years
of age, such as distributing candy or other items to children. Holiday
events in which the offender is the parent or guardian of the children
involved, and no non-familial children are present, are exempt from
this subsection. "Participation" is to be defined as actively taking
part in the event.
D.
Penalties; exceptions.
(1)
(2)
Exceptions. A designated offender residing within a prohibited area as described in Subsection C does not commit a violation of this section if any of the following apply:
(a)
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 section.
(b)
The person is a minor 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 or place of worship was opened after the person established
the permanent residence or temporary residence and reported and registered
the residence pursuant to § 301.45. Wis. Stats.
(d)
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.
E.
Property owners prohibited from renting real property to designated
offenders; penalties.
(1)
Rental. 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 section, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in Subsection C and not subject to an exception set forth in Subsection D above.
F.
Appeal. The above two-thousand-foot requirements may be waived upon
approval of the Village Board through appeal by the affected party.
Such appeal shall be made in writing to the Village Clerk-Treasurer,
who shall forward the request to the Village Board, which shall receive
reports from the law enforcement official on such appeal. The Village
Board shall convene and consider the public interest as well as the
affected party's presentation and concerns. After deliberation,
the Village Board provides its decision in writing via the minutes
or otherwise to the law enforcement official for their information
and action. A written copy of the decision shall be provided to the
affected party.[4]
G.
Interpretation. The provisions of this section are considered minimum
requirements. Where the provisions of this section impose greater
restrictions than any statute or other regulation, the provisions
of this section shall apply. Where the provisions of any statute or
other regulation impose greater restrictions, the provisions of the
statute or regulation shall prevail.
