Chapter 221 Sex Offenders

For 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 any school premises, child care facility, public park, place of worship, or youth center where children are known to congregate.

The Town Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall 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.

Exceptions. A designated offender residing within a prohibited area as described in Subsection A does not commit a violation of this section if any of the following apply:

The person established the residence and reported and registered pursuant to § 301.45, Wis. Stats., before the effective date of this chapter.

§ 221-4 Renting property to sex offender prohibited.

The person is a minor or ward under guardianship and is not required to register under § 301.45 or 301.46, Wis. Stats.

(3)

The school premises, child care facility, public park, place of worship, or youth center as a place where children are known to congregate within 1,500 feet of the person's residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.

Original domicile restriction. In addition to and notwithstanding the residency restrictions set forth herein, and subject to § 221-3 above, no sex offender shall be permitted to reside in the Town of Pittsfield unless such person was domiciled in the Town of Pittsfield at the time of the offense resulting in the person's most recent conviction, commitment or placement as a sex offender as set forth in § 221-3 above.

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 residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 221-3A.

A property owner's failure to comply with provision of this section shall constitute a violation of this section and shall subject the property owner to the code enforcement provision in § 221-7 as provided in this chapter.

§ 221-5 Child safety zones.

No sex offender shall loiter in or within 50 feet of any of the following places:

A public park, parkway, parkland, or park facility;

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 theater;

(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)

A public or private golf course or range;

(12)

Aquatic facilities open to the public; and

(13)

Any facility for children [which means a public or private school, a group home, as defined in § 48.02(7), Wis. Stats., 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 foster home, as defined in § 48.02(6), Wis. Stats., a day-care center licensed under § 48.65, Wis. Stats., a day-care program established under § 120.13(14), Wis. Stats., a day-care provider certified under § 48.651, Wis. Stats., or a youth center, as defined in § 961.01(22), Wis. Stats.].

The Town shall maintain an official map showing child safety zones, updating that list as needed. The child safety zone maps will be available at the Town Clerk's office. The maps shall be for informational purposes only. The absence of a location on the map shall not be a defense to prosecution where the alleged violator is within 50 feet of a place listed above and circumstances make it clear that the violator had actual notice of that proximity.

A person does not commit a violation of this section and the enumerated uses may allow such person on the property supporting such use if any of the following apply:

The property supporting an enumerated use under Subsection A also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "place of worship") subject to the following conditions:

Entrance and presence is limited to that portion of the premises that is a place of worship and either:

[1]

Occurs only during hours of worship or other religious programs/services; or

[2]

The person is present for counseling or worship purposes with the prior or contemporaneous knowledge and consent of an individual in charge of the place of worship or such counseling or worship.

The property supporting an enumerated use under Subsection A 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, subject to the following conditions:

Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

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 A also supports a polling location in a local, state or federal election, subject to the following conditions:

The person is eligible to vote;

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 A 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.

(5)

The property also supports a court, government office or room for public governmental meetings, subject to all of the following conditions:

The sex offender is on the property only to transact business at the government office or place of business, other than a public library, or attend an official meeting of a governmental body; and

The sex offender leaves the property immediately upon completion of the business or meeting.

§ 221-6 Appeals.

Sex Offender Residence Board. The above requirements may be waived upon approval of the Sex Offender Residence Board through appeal by the affected party. Such appeal shall be made to the Town Clerk's office, who shall forward the request to the Sex Offender Residence Board, which shall request reports from the County Sheriff's Department on such appeal. The Board shall convene and consider the public interest as well as the affected party's presentation and concerns.

In making its determination under this provision, the Sex Offender Residence Board may consider any or all of the following factors that may be applicable in the particular appeal:

The circumstances of the case(s) that have led to the designation as a sexual offender, including:

[1]

Relationship of appellant and victim.

[2]

Presence of use of force.

[3]

Presence of enticement.

[4]

Proximity in time.

[5]

Time out of incarceration.

Credibility of applicant.

(c)

Remorse.

(d)

Proximity of proposed residence to child congregation area.

(e)

Support network of applicant.

(f)

Support network and relationship of those at the proposed residence.

(g)

Counseling and treatment.