[Adopted 9-7-2016 by Ord.
No. 16-27]
In this article, the following words shall have the following
meanings:
CHILD
A person under the age of 16 years, for purposes of this
article.
DESIGNATED OFFENDER
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 (SBX) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
MINOR
A person under the age of 18 years.
PERMANENT RESIDENCE
A place where the designated offender lodges or resides for
14 or more consecutive days.
PROHIBITED ACTIVITY
Participation in a holiday event involving minors. Holiday
events in which the designated offender is the parent or guardian
of the minors involved, and no nonfamilial minors are present, are
exempt from the definition of "prohibited activity." A designated
offender participates in a prohibited activity by taking part in the
event which shall include, without limitation, distributing candy
or other items to children on Halloween, wearing a Santa Claus costume
on or preceding Christmas, or wearing an Easter Bunny costume on or
preceding Easter.
PROHIBITED LOCATION
Any school, licensed day-care center, park, trail, playground,
or place of worship. The Village Administrator shall maintain an official
map showing the prohibited locations and safety zones within the Village.
The Village Administrator shall update the map at least annually to
reflect any changes in the prohibited locations and safety zones.
The map shall be available in the office of the Village Clerk and
posted on the Village website.
SAFETY ZONE
A safety zone is any real property that supports or upon
which there exists any facility used for or that supports a school
for minors, a public park, a park facility, a trail or any other prohibited
location, including any sidewalks or lawn adjacent to such prohibited
location.
TEMPORARY RESIDENCE
Either:
A.
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
B.
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.
VILLAGE
The Village of Pleasant Prairie, Wisconsin.
To the extent required by § 980.135 of the Wisconsin
Statutes, and notwithstanding the foregoing provisions of this article,
the Village of Pleasant Prairie hereby exempts and may not enforce
any portion thereof that restricts or prohibits a sex offender from
residing at a certain location or that restricts or prohibits a person
from providing housing to a sex offender against an individual who
is released under § 980.08, Wis. Stats., or against a person
who provides housing to such individual, so long as the individual
is subject to supervised release under Chapter 980 of the Wisconsin
Statutes, the individual is residing where he or she is ordered to
reside under § 980.08, Wis. Stats., and the individual is
in compliance with all court orders issued under Chapter 980 of the
Wisconsin Statutes.
[Added 9-18-2017 by Ord.
No. 17-40]
A. A designated offender may seek an exemption from this article by
petitioning to the Sex Offender Residence Board ("Residence Board").
B. The Residence Board shall consist of three citizens residing in the
Village. Members shall be selected by the President subject to the
approval by the Village of Pleasant Prairie Board of Trustees. Members
shall serve for a term of five years and shall serve no more than
two consecutive terms. The terms for the initial members of the Residence
Board shall be staggered with one member serving one year, a second
member serving three years and the third member serving five years.
C. The Residence Board shall approve an official petition form. The
designated offender seeking an exemption must complete the petition
and submit it to the Village Clerk, who shall forward it to the Residence
Board. The Residence Board shall hold a hearing on each petition,
during which the Residence Board may review any pertinent information
and accept oral or written statements from any person. The Residence
Board shall base its decision on factors related to the Village's
interest in promoting, protecting and improving the health, safety
and welfare of the community. Applicable factors for the Residence
Board's consideration shall include, but are not limited to:
(1)
Nature of the offense that resulted in designated offender status.
(4)
Recommendation of probation or parole officer.
(5)
Recommendation of Police Department.
(6)
Recommendation of any treating practitioner.
(7)
Counseling, treatment and rehabilitation status of designated
offender.
(8)
Remorse of designated offender.
(9)
Duration of time since designated offender's incarceration.
(10)
Support network of designated offender.
(11)
Relationship of designated offender and victim(s).
(12)
Presence or use of force in offense(s).
(13)
Adherence to terms of probation or parole.
(14)
Proposals for safety assurances of designated offender.
(15)
Conditions to be placed on any exception from the requirements
of this article.
D. The Residence Board shall decide by majority vote whether to grant
or deny an exemption. An exemption may be unconditional or limited
to a certain address or time, or subject to other reasonable conditions.
The Residence Board's decision shall be final for purposes of any
appeal. A written copy of the decision shall be provided to the designated
offender and the Village of Pleasant Prairie Police Department.
Should any section, paragraph, sentence, clause or phrase of
this article be declared unconstitutional or invalid for any reason
or be repealed, it shall not affect the validity of this article as
a whole, or any part thereof, other than the part so declared to be
invalid or repealed.
If a designated offender or property owner violates any provision
of this article, the Village may, in addition to all other rights
and remedies allowed by law or this article, refer the matter to an
attorney chosen by the Village Administrator to bring an action in
the name of the Village in circuit court to seek a temporary restraining
order, temporary injunction or permanent injunction against such designated
offender or property owner to prevent them from violating the terms
of this article or to take any action, or prevent any action, necessary
for compliance with the terms of this article.
Any person, firm or entity who violates any provisions of this
article shall, upon conviction thereof, be subject to a forfeiture
not to exceed $1,000, together with the costs of prosecution, and,
in default of payment thereof, shall be committed to jail for a period
not to exceed 90 days. Each violation and each day such violation
continues shall be considered a separate offense. Neither the issuance
of a citation nor the imposition of a forfeiture hereunder shall preclude
the Village from seeking or obtaining any and all legal and equitable
remedies available by law or this article.
The provisions of this article, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the article or amendments hereto, are intended and
hereby declared as a continuation of such ordinances and not as new
enactments, and the effectiveness of such provisions shall be from
the date of the first adoption of such provisions.
This article, as amended and restated above, shall take effect
upon its passage on this seventh day of September 2016.