[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
This chapter is a regulatory measure aimed at protecting the health and safety of children in the Village of Denmark from the risk that sexual offenders convicted of an offense against a child may re-offend in locations close to where children congregate. Given the high rate of recidivism for sexual 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. Therefore, the Village finds and declares that sexual offenders are a serious threat to the public safety of children if regulatory measures are not in place that prohibit their presence in specified areas designated as places children commonly congregate. The Village of Denmark finds and declares that in addition to schools and day-care centers, children congregate or play at child-oriented facilities, such as parks and playgrounds, which shall be restricted zones under this chapter.
It is not the intent of this chapter to impose a criminal penalty, but rather to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the Village by prohibiting convicted sexual offenders from loitering or being present in specified areas around locations where children regularly congregate in concentrated numbers. It is the further intent of this chapter to recognize that convicted sexual offenders must reenter the community, and the Village of Denmark hereby accepts that it has a responsibility to convicted sexual offenders and the surrounding area municipalities to ensure that, in addition to promoting regulatory measures aimed at protecting children, its regulatory measures are not aimed at prohibiting convicted sexual offenders from being part of this society.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
- A person age 16 or younger for purposes of this chapter.
- 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 Notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
- LOITER-FREE ZONES
- The two-hundred-foot radius surrounding all restricted zones.
- Whether in a crowd, group or as an individual, to stand idly about, loaf, prowl, congregate, wander, linger aimlessly, or proceed slowly or with many stops, to delay or dawdle, for the purpose or in a manner likely to interact or attempting to interact with children (excepting children of the offender), or engaging in activities that would interest children (excepting the children of the offender) or acting in a manner that otherwise has no legitimate purpose.
- A person age 17 or younger.
- A place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year or a place where the person routinely abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month. Where a voluntary concurrence of physical presence and intent to remain in a fixed place of habitation are present the place will be presumed to be a residence. A residence may be more than one location and may be mobile or transitory.
- A. The following shall constitute restricted zones under this chapter:
- (1) A public park, parkway, parkland, or 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 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 treatment foster home, 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.].
- B. The Village shall maintain an official map showing restricted zones, updating that map annually. The restricted zones map will be available at the Village's offices and on the Village's official website. The map 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.
For purposes of determining required distances, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a restricted zone.
The Village Clerk shall maintain an official map showing restricted zones as defined by this chapter. The Clerk shall update the map to reflect any changes in the location of restricted zones.
Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:
Restricted zone restriction exceptions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:
Loiter-free zones. It is unlawful for a designated offender to loiter within a restricted zone.
Holiday prohibition. It is unlawful for any designated offender to participate in a holiday event involving children, such as distributing candy or other items to children on Halloween, wearing a Santa Clause costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the designated offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this subsection.
[Amended 8-3-2020 by Ord. No. 2020-06]
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence in a restricted zone, including within 1,500 feet of any school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the Village as a place where children are known to congregate.
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 permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the effective date of this chapter or any predecessor ordinance.
The person is a minor and is not required to register under § 301-45 or 301-46, Wis. Stats.
The school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the Village as a place where children are known to congregate within 1,500 feet of the person's permanent residence or temporary 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.
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 permanent residence or temporary 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 § 240-5A.
It is unlawful for any owner, real estate broker or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or conveyance is located within a prohibited location zone described in § 240-5A.
[Amended 12-2-2019 by Ord. No. 2020-01]
Appeal. One or more of the requirements of this chapter may be waived upon approval of the Village Board through appeal by the designated offender, if the Village Board finds that such waiver will not be detrimental to the health, safety, and welfare of persons this chapter is intended to protect, based upon the unique circumstances applicable to the designated offender. Such appeal shall be made in writing to the Village Clerk, setting forth facts in support of the appeal request. A filing fee set by the Village Board shall be submitted with the appeal request form. A copy of the appeal request shall be distributed within 10 days of receipt thereof to the Police Department and all members of the Village Board.
Appeal request form.
The appeal request shall be on a form approved by the Village Clerk. A designated offender shall furnish the following information under oath:
Name, address, telephone number and date of birth.
Age and relationship of the persons the designated offenders currently lives with.
The address to which the designated offender wishes to move, including a letter from the property owner stating the owner is aware the designated offender is a registered sex offender and the owner's willingness to rent to the designated offender.
Age and relationship of the persons the designated offender plans to live with.
List of every sexual offense on the designated offender's conviction record, including details of each offense.
List of every other criminal offense on the designated offender's conviction record, including details of each offense.
List of treatment programs the designated offender has completed, including proof of completion for each program.
A certification signed by a state department of corrections agent certifying that the agent has reviewed the information completed by the designated offender regarding the criminal history and treatment information and believes that it is true and complete to the best of the agent's knowledge.
A detailed description of the designated offender's community ties and support network.
A certification signed by the designated offender that all statements made on the appeal request form are true and complete, and that any omissions or untruthful statements will be grounds for denial of the appeal request.
Authorization for the Village to conduct a criminal background check and use any information obtained therefrom at the hearing of the appeal request.
The agreement of the designated offender to hold harmless and indemnify the Village, its officers, agents and employees, and any person providing information from liability relating to the background check.
Any other information the Village Clerk deems relevant to the appeal request.
The Village Clerk may modify the appeal form from time to time to require additional or supplemental information and/or prepare addendums to the appeal form as the Village Clerk deems necessary.
Police Department review. The Police Department shall conduct a review of the appeal request using any relevant information and the criteria set forth in Subsection F of this section. The Police Department shall submit to the Village Board reports and recommendations on the appeal request.
Notice of appeal hearing. The Village Clerk shall give at least seven days' advance notice to the designated offender of the date and time of the appeal request hearing before the Village Board.
Hearing. The Village Board shall convene and hold a hearing on the appeal request, during which the Village Board shall give the designated offender an opportunity to be heard. The designated offender that filed the appeal request shall appear at the hearing unless otherwise approved by the Village Board. The Village Board may also review any relevant information and may accept oral and written statements from any person.
Decision criteria. The Village Board shall base its decision upon any factors related to the Village's interest in promoting, protecting, and improving the health, safety, and welfare of the Village, including, but not limited to:
The nature of the predicate offense causing the person to be a designated offender, including, but not limited to, the circumstances surrounding the offense, the relationship of offender and victim, the presence or use of force, and the presence of use of enticement.
Police reports related to the predicate offense, if available.
Proximity of the requested residence to the victim.
The age of the offense, offender, and victim.
The need to protect the victim or similarly situated individuals.
The current dangerousness of the designated offender.
Any criminal offenses, ordinance or rule violations committed since the predicate offense, including failures to register or comply with restrictions set by bond, parole or probation.
Time out of incarceration.
Current supervision status by the Department of Corrections.
Counseling and treatment history.
The designated offender's presentations and concerns.
The credibility of the designated offender.
The remorse of the designated offender.
Recommendations of the probation or parole officer, if any.
Reports and recommendations of the Police Department.
Recommendations of the treatment practitioner.
Proposals for safety measures and assurances by the designated offender.
Proximity of proposed residence to a school, licensed day-care center, park, trail, playground, place of worship, or any other place where children are known to congregate.
Conditions to be placed on any waiver from the requirements of this chapter.
Support network of the designated offender near the proposed residence.
Who the designated offender will be living with at the proposed residence.
Statements of the surrounding community or victim.
Treatment, sobriety, or rehabilitative measures taken by the designated offender.
The designated offender's current employment or social activities.
Alternative options for housing.
The public interest.
Any other information or factors deemed relevant by the Village Board.
Denial of appeal request. Failure or refusal of the designated offender to give any information relevant to the investigation of the appeal request or his or her refusal to appear at any reasonable time and place for examination under oath regarding said appeal request or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute admission by the designated offender that he or she is ineligible for such appeal request and shall be grounds for denial thereof by the Village Board.
Decision. The Village Board may approve the appeal request without conditions (hereafter "unconditional waiver"), approve the appeal request subject to necessary conditions (hereinafter "conditional waiver"), or deny the request. After deliberation, the Village Board shall issue its decision by majority vote and shall forward its decision in writing to the Village Clerk and the Police Department for their information and action. A written copy of the decision shall be provided to the designated offender.
Consent to conditional waiver. A designated offender must consent to the terms of the conditional waiver for the conditional waiver to be valid. The designated offender must demonstrate acceptance of the terms of the conditional waiver by signing and dating a copy of the Village Board's decision and conditions. The designated offender must provide a copy of the signed conditional waiver decision to the Village Clerk and the Police Department. The designated offender shall have 14 days from the date the written conditional waiver decision is issued to accept and return a signed copy to the appropriate locations or the conditional waiver shall be deemed void and the appeal denied by the Village Board. A designated offender need not sign a waiver that has been denied by the Village Board or an unconditional waiver approved by the Village Board.
Conditional waiver terms. A conditional waiver may include, but is not limited to, the following terms:
Cohabitant restrictions or requirements.
Timing restrictions and limitations, including time periods for decision review and specific time periods to move into an approved residence or complete a move from a previously approved residence to a newly approved residence.
Requirements that the designated offender periodically report to the Village Board on the progress and results of treatment programs and/or other matters concerning the designated offender.
Requirements for subsequent review hearings before the Village Board.
Requirements that the designated offender obey all federal and state laws, municipal and county ordinances, and that the designated offender report all arrests to the Village Clerk with a reasonable time frame.
Requirements to maintain employment.
Applicability. If an unconditional waiver or a conditional waiver is approved by the Village Board, the approval only applies to the designated offender who applied for the waiver at the requested residence and shall not be transferable to any other person or to any other location.
Expiration. A waiver expires when the designated offender who was granted the waiver changes his or her domicile or residence, whether within the Village or outside the Village. A waiver for a specific residence within the Village expires upon the Village Board's approval of a new residence within the Village and the designated offender shall complete his or her move to the newly approved residence within 10 days of approval unless a longer move time is approved by the Village Board.
Revocation of waiver. An unconditional waiver or a conditional waiver issued by the Village Board may be revoked by the Village Board as follows:
If the designated offender has made or recorded any statement required by this section or under any proceedings pursuant to this section knowing it to be false or fraudulent or intentionally deceptive.
If the designated offender is found to have violated any of the conditions of the conditional waiver.
There is probable cause to believe the designated offender has committed one or more additional acts, either before or after the unconditional waiver or conditional waiver was issued, that would cause a person to be classified as a designated offender.
Failure or refusal of the designated offender to give any information relevant to the investigation of his or her compliance with the terms of the conditional waiver or his or her refusal to appear at any reasonable time and place for examination under oath regarding his or her compliance with the terms of the conditional waiver.
Notice of revocation. The Village Clerk shall provide written notice to the designated offender that the unconditional waiver or conditional waiver has been revoked. This notice shall be deemed properly delivered if sent by either first class mail to the designated offender's last known address or if delivered in person to the designated offender's last known address. If the designated offender cannot be located, the notice shall be deemed properly delivered if a copy if left at the designated offender's approved address in the presence of a competent member of the family at least 14 years of age or a competent adult currently residing there. If notice cannot be so served, it may be served by publishing a Class I notice.
Limit on appeals. The appeal of a designated offender that has been denied by the Village Board shall not be heard or acted upon again within 30 days from the initial decision and 60 days from the date of any subsequent decision of the Village Board.
Appeal to circuit court. If the Village Board denies the appeal request for waiver or revokes an unconditional waiver or a conditional waiver, the designated offender may appeal the decision within 30 days to the circuit court.
Election. For purposes of this chapter, pursuant to Wis. Stats. § 68.16, the Village is specifically electing not to be governed by Wis. Stats. Ch. 68.
Severability. If any part of this section is found to be unconstitutional or otherwise invalid, the invalidity of the remaining parts shall not be affected.
A person who violates this chapter shall be punished by a forfeiture not exceeding $2,000 together with the actual costs of prosecution, including attorney fees, if necessary.
Each day a person is in violation of any section of this chapter constitutes a separate violation.
Each person who is found to have violated this chapter shall immediately vacate any premises which he occupies and agree to be removed from any residence or location occupied in violation of this chapter, including the issuance of a mandatory or permanent injunction by the appropriate court.