[Adopted 8-3-2015 by Ord.
No. 03-2015[1]]
A.
Purpose. This article is a regulatory measure aimed at protecting
the health and safety of children in the Village of Cottage Grove
(Village) from the risk that designated sex offenders may reoffend
in locations close to their residences. The Village finds and declares
that designated sex offenders who prey upon children or commit crimes
against children are a serious threat to public safety. When designated
sex offenders reenter society, it is more likely they will reoffend
than persons convicted of other crimes. Proximity and access to children
have been determined as factors that increases the likelihood that
a designated sex offender will reoffend. Regulatory measures prohibiting
designated sex offenders from residing or being present in areas of
the Village where children congregate are prudent, necessary and a
proper exercise of the Village's police power to protect the
public health, safety and welfare of the community.
B.
Definitions.
(1)
ADULT
CHILD
CHILD SAFETY AREA
CRIME AGAINST CHILDREN
DESIGNATED SEX OFFENDER
(a)
(b)
(c)
[1]
[2]
[3]
[4]
RESIDENCE
Except where an inconsistent definition is expressly specified, the
terms in this article shall be interpreted consistent with the Wisconsin
Statutes.
A person who has attained the age of 18 years.
A person who has not attained the age of 18 years.
An area where children congregate or play, and shall include
publicly owned areas, privately owned areas with public accommodations
that cater to children and/or privately owned areas where and when
children are present.
Any of the offenses set forth within Wisconsin Statutes including
but not limited to Chapters 940, 948 and 980, as amended, or the laws
of this or any other state or the federal government, having like
elements necessary for conviction where the victim is a child.
A sex offender:
Who is required to register as a sex offender under Wis. Stat.
§ 301.45; and
Where the victim was a child; and
Subject to one or more of the following requirements:
The sex offender is placed on lifetime supervision under Wis.
Stat. § 939.615; and/or
The sex offender has been identified as a "serious sex offender"
or "sexually violent person" or "sexually motivated" offender as defined
by Wis. Stat. Ch. 980, Wis. Stat. § 939.615, or other sections
of Wisconsin Statutes where such terms are defined [see Wis. Stat.
§§ 980.01(4m), (5) and (7); or Wis. Stat. § 939.615(1)(b)];
and/or
The sex offender is found to have committed a sex offense by
another jurisdiction as defined in Wis. Stat. § 301.45(1d)
(am); and/or
The sex offender is registered as a sex offender with the Federal
Bureau of Investigation under 42 U.S.C. § 14072.
The place where a person sleeps, which may include more than
one location and may be mobile or transitory.
C.
Restrictions.
(1)
Residence. No designated sex offender who has been convicted of or
been found not guilty by reason of a mental defect of disease of a
crime against children as defined herein shall have a temporary or
permanent residence within 1,000 feet of a child safety area.
(2)
Child safety areas. No designated sex offender, as defined herein,
shall enter upon or be present within 250 feet of any real property
upon where any child safety area exists. This includes the following:
(a)
Public or private school that includes students in grades of
high school or below;
(b)
Public library, bookmobiles;
(c)
Public playground or neighborhood parks maintained by the Village;
(d)
Licensed day-care facility for children;
(e)
Athletic fields used by children maintained by the Village or
School District;
(f)
Aquatic facilities, swimming pools or splash parks open to the
public;
(g)
Facility used for school or community recreation and education
programs or service groups such as the boy scouts and girl scouts,
such as a community center that includes programming for children.
D.
Residence exceptions. This article shall not apply if:
(1)
The person has established a residence prior to the effective date
of this article, which is within 1,000 feet of any of the uses enumerated
above, or such enumerated use is newly established after such effective
date and it is located within such 1,000 feet of a residence of a
person which was established prior to the effective date of this article.
(2)
The person is a minor or ward under guardianship or the offense occurred
when the person was a minor and the conviction was in a juvenile court.
E.
Miscellaneous provisions.
(1)
The distance shall be measured from the closest boundary line of
the real property supporting the residence of a person to the closest
real property boundary line of the applicable above enumerated use(s).
(2)
The terms and provisions of this article are severable. Should any
term or provision of this article be found to be invalid by a court
of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect.
F.
Violations and penalties.
(1)
For the reasons stated herein, the Village Board of the Village of
Cottage Grove finds that violations of the residence restrictions
of this article which continue for more than 30 days after notice
of the violation constitute an activity or use of property that interferes
substantially with the comfortable enjoyment of life, health, safety
of another or others and constitute a public nuisance.
(2)
If a person violates this article by establishing a residence or
occupying residential premises within 1,000 feet of those premises
as described herein, without any exception(s) as also set forth above,
the Village Attorney, upon referral from the Chief of Police, shall
bring an action in the name of the Village in the Circuit Court of
Dane County to permanently enjoin such residence as a public nuisance.
(3)
If a person violates this article in addition to the aforesaid injunctive
relief, such person shall be subject to a forfeiture of not less than
$100 nor more than $1,000 for each violation. 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.
