[Amended 3-5-2001; 4-5-2005]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under §
1-4 of this Code:
110.075(7)
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Producing/using inspection sticker fraudulently
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134.06
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Bonus to chauffeurs for purchases, forbidden
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173.10
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Investigation of cruelty complaints
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175.25
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Storage of junked automobiles
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218.0146
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Motor vehicles
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218.0147
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Purchase or lease of motor vehicle by minor
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254.76
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Causing fires by tobacco smoking
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254.92(2)
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Purchase or possession of cigarettes or tobacco
products by person under 18 prohibited
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285.30(6)
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Tampering with pollution control system or mechanism
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939.05
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Parties to crime
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939.22
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Words and phrases defined
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939.32(2)
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Attempt - misdemeanor computer crimes
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940.19(1)
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Battery
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941.10
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Negligent handling of burning material
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941.12(2) and (3)
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Interfering with fire fighting
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941.13
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False alarms
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941.20(1)
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Endangering safety by use of dangerous weapon
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941.23
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Carrying concealed weapon
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941.24
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Possession of switchblade knife
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943.01(1)
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Damage to property (less than $1,000)
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943.07
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Criminal damage to railroads
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943.11
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Entry into locked vehicle
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943.125
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Entry into locked coin box
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943.13
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Trespass to land
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943.14
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Criminal trespass to dwellings
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943.20
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Theft
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943.21
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Fraud on hotel or restaurant keeper ($500 or
less)
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943.22
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Use of cheating tokens
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943.23(2)
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Operating vehicle without owner's consent
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943.24
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Issue of worthless check
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943.50
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Retail theft
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944.15
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Public fornication
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944.17
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Sexual gratification
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944.20
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Lewd and lascivious behavior
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944.21
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Obscene material or performance
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944.23
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Making lewd, obscene or indecent drawings
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944.30
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Prostitution
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944.31
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Patronizing prostitutes
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944.33
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Pandering
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944.34
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Keeping place of prostitution
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945.01
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Definitions relating to gambling
|
945.02
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Gambling
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945.03
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Commercial gambling
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945.04
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Permitting premises to be used for commercial
gambling
|
946.40
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Refusing to aid officer
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946.41
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Resisting or obstructing officer
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946.42(1)
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Escape
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946.44
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Assisting or permitting escape
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946.69
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Falsely assuming to act as a public officer
or employee or a utility employee
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946.70
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Impersonating peace officers
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946.72
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Tampering with public records and notices
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947.01
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Disorderly conduct
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947.012
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Unlawful use of telephone
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947.06
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Unlawful assemblies and their suppression
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948.51
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Hazing
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951.01 to 951.15
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Crimes against animals
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961.41(1)
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Unlawful manufacture/delivery of controlled
substance
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961.41(3g)
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Possession of controlled substance
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[Amended 10-3-2011]
To the extent not otherwise specifically permitted
by Wisconsin Statutes:
A. No person, except a peace or law enforcement officer or member of the military in the line of duty as defined in Wisconsin Statutes, shall fire or discharge any firearm, rifle, spring gun, air gun (whether a missile is expelled by compressed air, gas or chemical), electric weapon, or paint ball gun within the Village of Wales, provided that this section shall not prevent the maintenance and use of supervised rifle or pistol ranges or shooting galleries authorized by the Village Board or 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. This section shall be deemed to prohibit hunting within the Village with any weapon except with a bow and arrow or crossbow pursuant to §
314-3.
[Amended 1-20-2014]
B. No person,
except a peace or law enforcement officer or member of the military
in the line of duty or person acting within the terms of a license
to carry a concealed weapon as defined in Wisconsin Statutes, shall
have any spring gun, air gun (whether a missile is expelled by air,
gas or chemical), electric weapon, or paint ball gun in his or her
possession or under his or her control unless it is both unloaded
and locked or encased or enclosed within a carrying case or other
legally suitable container.
C. No person,
except a peace or law enforcement officer or member of the military
in the line of duty as defined in Wisconsin Statutes, may carry, possess,
or control a weapon within or directed at the confines of any Village-owned
building or structure, including but not limited to the Village Hall,
Wales/Genesee Joint Fire Station, the Wales Community Building and
concession buildings at Wales Community Park.
[Amended 1-20-2014]
To the extent not otherwise specifically permitted
by Wisconsin Statutes:
A. No person
shall throw or shoot any object, arrow, stone, snowball or other missile
or projectile, by hand or by any other means, at any other person
or at, in or into any building, street, sidewalk, alley, highway,
park, playground or other public place within the Village except as
allowed by Wisconsin Statutes.
B. No person
shall hunt with a bow and arrow or crossbow within the Village on
any municipally owned lands or within 100 yards of any building located
on another person's land, except if the person who owns the land on
which the building is located allows the hunter to hunt within 100
yards of the building.
C. Any person
who hunts with a bow and arrow or crossbow is required to discharge
the arrow or bolt from the respective weapon toward the ground.
[Amended 3-3-2008]
The provisions of § 167.10, Wis. Stats.,
are hereby adopted and incorporated into this section by reference
to the extent the provisions are not in conflict with the remainder
of this section. In the event of a conflict between this section and
§ 167.10, Wis. Stats., the more restrictive provision shall
apply.
A. Fireworks defined. The term "fireworks" shall be defined
as set forth in § 167.10(1), Wis. Stats.; provided, however,
that the Village elects also to include within and add to the definition
of "fireworks" the items set forth in § 167.10(1)(k), (L),
(m), and (n), Wis. Stats.
B. Sales prohibited. No person shall sell, offer to sell,
possess with the intent to sell, or give away fireworks within the
Village.
C. Possession and use regulated. No person shall use
or explode any fireworks in the Village contrary to applicable Wisconsin
Statutes, including but not limited to § 167.10, Wis. Stats.
The Village Board may grant a permit for a public display of fireworks
under such conditions as it may impose pursuant to Wisconsin Statutes.
No person shall disturb the peace and quiet
of any other person by creating excessive noise on his or any property.
Excessive noise shall include, but not be limited to, any of the following:
A. Loud playing of phonographs, radios, television sets,
music machines or musical instruments.
B. Barking or howling dogs or cats.
C. Vehicles without mufflers or the unnecessary use of
horns on vehicles.
No person shall damage, destroy or deface any
public or private property.
No person shall litter any public or private
property with paper or other debris or foreign matter. Any stored
or transported materials susceptible to blowing or scattering shall
be adequately covered or protected to prevent littering.
No person shall pollute the air or any watercourse
by excessive discharge of waste products or foreign matter.
[Added 1-18-1999; amended 1-18-2016 by Ord. No. 1-2016-2]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse
under § 118.15 and § 118.16(4), Wis. Stats., for
part or all of five or more days on which school is held during a
school semester.
TRUANCY
Any absence for part or all of one or more days from school
during which the school attendance officer, principal or teacher has
not been notified of the legal cause of such absence by the parent
or guardian of the absent pupil, and also intermittent attendance
carried on for the purpose of the defeating of the intent of the compulsory
school attendance provisions of § 118.15, Wis. Stats.
TRUANT
A pupil who is absent from school without an acceptable excuse
under § 118.15 and § 118.16(4), Wis. Stats., for
part or all of any day on which school is held during a school semester.
B. Prohibitions.
(1) Any person under the age of 18 years of age found to be truant as
defined herein shall be subject to one or more of the following dispositions:
(a)
An order for the juvenile to attend school.
(b)
Subject to § 938.37, Wis. Stats., a forfeiture of
not more than $50 plus costs for a first violation or a forfeiture
of not more than $100 plus costs for any second violation or a forfeiture
of not more than $200 plus costs for any third violation or subsequent
violation committed during the school year.
(c)
All or part of the forfeiture plus costs may be assessed against
the juvenile, the juvenile's parents or guardian of the juvenile
or both.
(2) Any person under the age of 18 found by the court to be a habitual
truant shall be subject to one or more of the following:
(a)
Suspension of the juvenile's operating privilege for not
less than 90 days but not more than one year, as defined in § 340.01(40),
Wis. Stats. The court shall immediately notify the Department of Transportation
with a notice stating the reason for and the duration of the suspension.
(b)
An order for the juvenile to participate in counseling, a supervised
work program or other community service as described in § 938.34(5)(g),
Wis. Stats. The costs of any such counseling, supervised work program
or other community service may be assessed against the juvenile, parents
or guardian of the juvenile, or both.
(c)
An order for the juvenile to remain at home, except during hours
in which the person is attending religious worship or a school program,
including travel time required to get to and from the place of worship
or school program. The order may permit the juvenile to leave his/her
home if the juvenile is accompanied by a parent or guardian.
(d)
An order for the juvenile to attend an educational program as
described in § 938.34(7d), Wis. Stats.
(e)
An order for the juvenile to attend school.
(f)
Subject to § 938.37, Wis. Stats., a forfeiture of
not more than $500 plus costs for each occurrence. All or part of
the forfeiture plus costs may be assessed against the juvenile, the
juvenile's parents or guardian, or both.
(g)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
(h)
An order placing the juvenile under formal or informal supervision
as set forth in § 938.34(2), Wis. Stats., for up to one
year.
(i)
An order for the juvenile's parents, guardian or legal
custodian to participate in counseling at the parent's, guardian's
or legal custodian's own expense or to attend school with the
juvenile, or both.
C. Contributing to truancy.
(1) Except as provided below, any person 17 years of age or older who,
by act or omission, knowingly encourages or contributes to the truancy
of a child shall be subject to a forfeiture of not more than $250
plus costs.
(2) Subsection
C(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) An act or omission contributes to the truancy of a child whether
or not the child is adjudged to be in need of protection or services
if the natural and probable consequences of that act or omission would
be to cause the child to be truant.
There shall be no canvassing in the Village
limits after 8:00 p.m.
[Added 1-4-2016 by Ord.
No. 1-2016-1]
A. Definitions. As used in this section and unless the context otherwise
requires:
CRIME AGAINST CHILDREN
Any of the following offenses set forth within the Wisconsin
Statutes, or the laws of this or any other state or the federal government,
having like elements necessary for conviction, respectively:
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§ 940.225(1) First Degree Sexual Assault;
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§ 940.225(2) Second Degree Sexual Assault;
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§ 940.225(3) Third Degree Sexual Assault;
|
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§ 940.22(2) Sexual Exploitation by Therapist;
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§ 940.30 False Imprisonment-victim was minor and not
the offender's child;
|
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§ 940.31 Kidnapping-victim was minor and not the offender's
child;
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§ 944.01 Rape (prior statute);
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§ 944.06 Incest;
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§ 944.10 Sexual Intercourse with a Child (prior statute);
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§ 944.11 Indecent Behavior with a Child (prior statute);
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§ 944.12 Enticing Child for Immoral Purposes (prior
statute);
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§ 948.02(1) First Degree Sexual Assault of a Child;
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§ 948.02(2) Second Degree Sexual Assault of a Child;
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§ 948.025 Engaging in Repeated Acts of Sexual Assault
of the Same Child;
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§ 948.05 Sexual Exploitation of a Child;
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§ 948.055 Causing a Child to View or Listen to Sexual
Activity;
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§ 948.06 Incest with a Child;
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§ 948.07 Child Enticement;
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§ 948.075 Use of a Computer to Facilitate a Child
Sex Crime;
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§ 948.08 Soliciting a Child for Prostitution;
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§ 948.095 Sexual Assault of a Student by School Instructional
Staff;
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§ 948.11(2)(x) or (am) Exposing Child to Harmful Material-felony
sections;
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§ 948.12 Possession of Child Pornography;
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§ 948.13 Convicted Child Sex Offender Working with
Children;
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§ 948.30 Abduction of Another's Child;
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§ 971.17 Not Guilty by Reason of Mental Disease-of
an included offense; and
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§ 975.06 Sex Crimes Law Commitment.
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PERSON
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.
RESIDENCE ("RESIDE")
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
B. Residency restrictions. A person shall not reside within the Village
within 1,500 feet of the real property comprising any of the following
(whether located within the Village or not):
(1) Any facility for children (which means a public or private school,
a group home, as defined in Wis. Stats. § 48.02(7); a residential
care center for children and youth, as defined in Wis. Stats. § 48.02(15d);
a shelter care facility, as defined in Wis. Stats. § 48.02(17);
a foster home, as defined in Wis. Stats. § 48.02(6); a treatment
foster home, as defined in Wis. Stats. § 48.02(17q); a day-care
center licensed under Wis. Stats. § 48.65; a day-care program
established under Wis. Stats. § 120,13(14); a day-care provider
certified under Wis. Stats. § 48.651; or a youth center,
as defined in Wis. Stats. § 961.01(22); and/or
(2) Any facility used for:
(a)
A public park, parkway, parkland, park facility, nature preserve;
(b)
A public swimming pool or beach;
(g)
Athletic fields used by children;
(j)
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
(k)
Temples, churches, mosques, synagogues or other houses of worship;
and
(l)
Community based residential facility, home for more than eight
disabled individuals or home for the elderly.
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).
A map depicting the above enumerated uses and the resulting residency
restriction distances, as amended from time to time, shall be kept
on file in the office of the Village Clerk for public inspection.
C. Residency restriction exceptions. A person residing within 1,500 feet of the real property comprising any of the uses enumerated in Subsection
B above, does not commit a violation of this section if any of the following apply:
(1) The person is required to serve a sentence at a jail, prison, juvenile
facility or other correctional institution or facility.
(2) The person has established a residence prior to the effective date of this section (January 7, 2016), which is within 1,500 feet of any of the uses enumerated in Subsection
B above, or such enumerated use is newly established after such effective date and it is located within such 1,500 feet of a residence of a person which was established prior to the effective date of this section.
(3) The person is a minor residing with a parent or legal guardian who
serves as parent or legal guardian to no more than one person.
D. Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to Subsection
C above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children, shall be permitted to reside in the Village, unless such person was domiciled in the Village at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
E. Child safety zones. No person shall enter or be present upon any
real property in the Village upon which there exists any facility
used for or which supports a use of:
(1) A public park, parkway, parkland, park facility or nature preserve;
(2) A public swimming pool or beach;
(7) Athletic fields used by children;
(10)
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
(11)
Aquatic facilities open to the public; and
(12)
Any facility for children (which means a public or private school;
a group home, as defined in Wis. Stats. § 48.02(7); a residential
care center for children and youth, as defined in Wis. Stats. § 48.02(15d);
a shelter care facility, as defined in Wis. Stats. § 48.02(17);
a foster home, as defined in Wis. Stats. § 48.02(6); a treatment
foster home, as defined in Wis. Stats. § 48.02(17q); a day-care
center licensed under Wis. Stats. § 48.65; a day-care program
established under Wis. Stats. § 120.13(14); a day care provider
certified under Wis. Stats. § 48.651; or a youth center,
as defined in Wis. Stats. § 961.01(22).
A map depicting the locations of the real property supporting
the above enumerated uses, as amended from time to time, shall be
kept on file in the office of the Village Clerk for public inspection.
F. Child safety zone exceptions. A person does not commit a violation of Subsection
E and the enumerated uses may allow such person on the property supporting such use if any of the following apply:
(1) The property supporting an enumerated use under Subsection
E also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
(a)
Entrance and presence upon the property occurs only during hours
of worship or other religious program service as posted to the public;
(b)
Written advance notice is made from the person to an individual
in charge of the church and approval from an individual in charge
of the church as designated by the church is made in return, of the
attendance by the person; and
(c)
The person shall not participate in any religious education
programs which include individuals under the age of 18.
(2) The property supporting an enumerated use under Subsection
E also supports a use lawfully attended by a person's natural or adopted child/children, which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:
(a)
Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
(b)
Written advance notice is made from the person to an individual
in charge of the use upon the property and 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 person.
(3) The property supporting an enumerated use under Subsection
E also supports a polling location in a local, state or federal election, subject to the following conditions:
(a)
The person is eligible to vote;
(b)
The designated polling place for the person is an enumerated
use; and
(c)
The person 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 person vacates the property
immediately after voting.
(4) The property supporting an enumerated use under subsection
E also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
G. Violations. If a person violates Subsection
B above, by establishing a residence or occupying residential premises within 1,500 feet of those premises as described therein, without any exception(s) as also set forth above, the Village Attorney may bring an action in the name of the Village in the Circuit Court for Waukesha County to temporarily and permanently enjoin such residency as a public nuisance. If a person violates Subsection
E, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under §
1-4 of this Code. 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 section.