[HISTORY: Adopted by the Common Council of the City of Princeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-2011 by Ord.
No. 2011-01]
This article is a regulatory measure aimed at protecting the
health and safety of children in Princeton from the risk that convicted
sex offenders may re-offend in locations where children tend to congregate
or be regularly present. The City finds and declares that sex offenders
are a serious threat to public safety. When convicted sex offenders
reenter society, they are much more likely than any other type of
offender to be rearrested for a new rape or sexual assault. Given
the high rate of recidivism for sex offenders and that reducing opportunity
and temptation is important to minimizing the risk of re-offense,
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, day-care centers and other places children frequent.
The City finds and declares that in addition to schools, libraries
and day-care centers, children congregate or play at public parks.
As used in this article and unless the context otherwise requires:
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:
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Wis. Stats. § 940.225(1) First Degree Sexual Assault
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Wis. Stats. § 940.225(2) Second Degree Sexual Assault
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Wis. Stats. § 940.225(3) Third Degree Sexual Assault
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Wis. Stats. § 940.22(2) Sexual exploitation by therapist
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Wis. Stats. § 940.30 False imprisonment - Victim was
a minor and not the offender's child
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Wis. Stats. § 940.31 Kidnapping - Victim was a minor
and not the offender's child
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Wis. Stats. § 944.01 Rape (prior statute)
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Wis. Stats. § 944.06 Incest
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Wis. Stats. § 944.10 Sexual intercourse with a child
(prior statute)
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Wis. Stats. § 944.11 Indecent behavior with a child
(prior statute)
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Wis. Stats. § 944.12 Enticing child for immoral purposes
(prior statute)
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Wis. Stats. § 948.02(1) First Degree Sexual Assault
of a child
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Wis. Stats. § 948.02(2) Second Degree Sexual Assault
of a child
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Wis. Stats. § 948.025 Engaging in repeated acts of
sexual assault of the same child
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Wis. Stats. § 948.05 Sexual exploitation of a child
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Wis. Stats. § 948.055 Causing a child to view or listen
to sexual activity
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Wis. Stats. § 948.06 Incest with a child
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Wis. Stats. § 948.07 Child enticement
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Wis. Stats. § 948.075 Use of a computer to facilitate
a child sex crime
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Wis. Stats. § 948.08 Soliciting a child for prostitution
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Wis. Stats. § 948.095 Sexual assault of a student
by school instructional staff
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Wis. Stats. § 948.11(2)(a) or (am) Exposing child
to harmful material - felony sections
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Wis. Stats. § 948.12 Possession of child pornography
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Wis. Stats. § 948.13 Convicted child sex offender
working with children
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Wis. Stats. § 948.30 Abduction of another's child
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Wis. Stats. § 971.17 Not guilty by reason of mental
disease - of an included offense
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Wis. Stats. § 975.06 Sex crimes law commitment
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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, or
otherwise required to register as a sex offender under § 301.45,
Wis. Stats.
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 § 980.01(6),Wis.
Stats., as amended from time to time.
A.
No person shall enter or be present upon, or be within 1,000 feet
of the closest point of, any real property upon which there exists
any facility used for or which supports a use of:
(1)
A public park, parkway, parkland, park facility;
(2)
A public swimming pool;
(3)
A public library;
(4)
A recreational trail;
(5)
A public playground;
(6)
A school for children;
(7)
Athletic fields used by children;
(8)
A movie theatre;
(9)
A day-care center;
(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;
(12)
A church, synagogue, mosque, temple or other house of religious
worship (collectively "church"); and
(13)
Any "facility for children" (which means a public or private
school, a group home as defined in § 48.02(7), Wis. Stats.;
(14)
A residential care center for children and youth as defined
in § 48.02(15d), Wis. Stats., a shelter care facility as
defined in § 48.02(17), Wis. Stats., a treatment foster
home as defined in § 48.02(17q), Wis. Stats., a child care
center licensed under § 48.65, Wis. Stats., a child care
program established under § 120.13(14), Wis. Stats., a child
care provider certified under Wis. Stats. § 48.651, or a
youth center as defined in § 961.01(22), Wis. Stats.[1]
B.
A map, as amended from time to time, depicting the locations of the
real property supporting the above-enumerated uses, and the one-thousand-foot
restricted areas surrounding thereof, shall be kept on file in the
Police Department for public inspection.
C.
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 person does not commit a violation of § 302-3 above and the enumerated uses may allow such person on the property supporting such use or within the one-thousand-foot restricted area surrounding thereof, if any of the following apply:
A.
The property supporting an enumerated use under § 302-3 also supports a church lawfully attended by a person as a congregation member and the following conditions apply:
(1)
Entrance and presence upon the property, or within the one-thousand-foot
restricted area surrounding thereof, occurs only during hours of worship
or other religious program/service as posted to the public; and
(2)
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
(3)
The person shall not participate in any religious education programs
which include individuals under the age of 18.
B.
The property supporting an enumerated use under § 302-3 also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property or within the one-thousand-foot restricted area surrounding thereof, subject to the following conditions:
(1)
Entrance and presence upon the property, or within the one-thousand-foot
restricted area surrounding thereof, occurs only during hours of activity
related to the use as posted to the public; and
(2)
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.
C.
The property supporting an enumerated use under § 302-3 also supports a polling location in a local, state or federal election, subject to the following conditions:
(1)
The person is eligible to vote;
(2)
The designated polling place for the person is an enumerated use;
(3)
The person travels directly to and 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, and the one-thousand-foot restricted area surrounding
thereof, immediately after voting.
D.
The property supporting an enumerated use under § 302-3 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, or within the one-thousand-foot restricted area surrounding thereof, supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
E.
The person is on the property on which the person's residence is located and that property is located within the one-thousand-foot restricted area surrounding a property supporting an enumerated use under § 302-3 only if the person's residence has continuously been on such property since prior to the adoption of this article.
F.
The person is actually engaged in travel to or from the person's residence excepted under § 302-3 only under the following conditions:
(1)
There is no other route upon a City highway available to the person which avoids entering a restricted area under § 302-3; and
(2)
The person does not stop, linger, loiter, wander, stroll or stand
for a period of time or take any other action which would be inconsistent
with the purpose of continuing the immediate pursuit of travel to
or from the person's residence;
(3)
The person is on a City highway while actually engaged in interstate
travel, so long as the person does not stop, linger, loiter, wander,
stroll or stand for a period of time or take any other action which
would be inconsistent with the purpose of continuing the immediate
pursuit of such interstate travel;
(4)
The presence of the person is necessitated by an emergency situation
in which property or human life are in jeopardy, and the prompt summoning
or rendering of aid is essential;
(5)
The person is required to serve a sentence at a jail, prison, juvenile
facility or other correctional institution or facility.
G.
Under a permit granted by the Common Council upon recommendation
from the Chief of Police or his or her designee. A permit shall only
be issued upon a determination that the permitted activities of the
person will not likely lead to a disruption of the stated purpose
of this article. The Chief of Police, or his or her designee, shall
establish an application process and permit form consistent with this
purpose, which process and permit form shall be approved by the Common
Council. The Chief of Police, or his or her designee, shall have the
power to revoke or temporarily suspend a permit issued hereunder if,
in his or her opinion, the activities of the permit holder are not
in compliance with the terms and conditions of this article or the
permit granted, or circumstances have changed from the date of initial
permit issuance whereby the permitted activities will constitute an
unreasonable safety hazard to the general public or will otherwise
lead to a disruption of the stated purpose of this article. Further,
any permit granted hereunder may be revoked or temporarily suspended
by the Chief of Police, or his or her designee, if the permit holder
commits a crime or violates any other City ordinance as a result of
or during the permitted activities hereunder. The decision of the
Chief of Police, or his or her designee, to revoke or suspend a permit
hereunder shall be final, subject only to review by the Common Council
under Ch. 68, Wis. Stats.
