[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.]
A.
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.
B.
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.
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.
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.
The following shall constitute restricted zones under this chapter:
A public park, parkway, parkland, or park facility;
A public swimming pool;
A public library;
A recreational trail;
A public playground;
A school for children;
Athletic fields used by children;
A movie theater;
A day-care center;
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy, or music school;
A public or private golf course or range;
Aquatic facilities open to the public; and
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.].
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.
A.
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.
B.
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.
A.
Restricted zones.
(1)
Restricted zone restrictions. It is unlawful for any designated offender
to be physically present within a restricted zone under any of the
following circumstances:
(2)
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:
B.
Loiter-free zones. It is unlawful for a designated offender to loiter
within a restricted zone.
C.
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]
A.
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.
B.
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:
(1)
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.
(2)
The person is a minor and is not required to register under § 301-45
or 301-46, Wis. Stats.
(3)
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.
A.
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.
A.
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]
A.
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.
B.
Appeal request form.
(1)
The appeal request shall be on a form approved by the Village Clerk.
A designated offender shall furnish the following information under
oath:
(a)
Name, address, telephone number and date of birth.
(b)
Age and relationship of the persons the designated offenders
currently lives with.
(c)
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.
(d)
Age and relationship of the persons the designated offender
plans to live with.
(e)
List of every sexual offense on the designated offender's
conviction record, including details of each offense.
(f)
List of every other criminal offense on the designated offender's
conviction record, including details of each offense.
(g)
List of treatment programs the designated offender has completed,
including proof of completion for each program.
(h)
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.
(i)
A detailed description of the designated offender's community
ties and support network.
(j)
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.
(k)
Authorization for the Village to conduct a criminal background
check and use any information obtained therefrom at the hearing of
the appeal request.
(l)
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.
(m)
Any other information the Village Clerk deems relevant to the
appeal request.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
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.
(2)
Police reports related to the predicate offense, if available.
(3)
Proximity of the requested residence to the victim.
(4)
The age of the offense, offender, and victim.
(5)
The need to protect the victim or similarly situated individuals.
(6)
The current dangerousness of the designated offender.
(7)
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.
(8)
Time out of incarceration.
(9)
Current supervision status by the Department of Corrections.
(10)
Counseling and treatment history.
(11)
The designated offender's presentations and concerns.
(12)
The credibility of the designated offender.
(13)
The remorse of the designated offender.
(14)
Recommendations of the probation or parole officer, if any.
(15)
Reports and recommendations of the Police Department.
(16)
Recommendations of the treatment practitioner.
(17)
Proposals for safety measures and assurances by the designated
offender.
(18)
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.
(19)
Conditions to be placed on any waiver from the requirements
of this chapter.
(20)
Support network of the designated offender near the proposed
residence.
(21)
Who the designated offender will be living with at the proposed
residence.
(22)
Statements of the surrounding community or victim.
(23)
Treatment, sobriety, or rehabilitative measures taken by the
designated offender.
(24)
The designated offender's current employment or social
activities.
(26)
Alternative options for housing.
(27)
The public interest.
(28)
Any other information or factors deemed relevant by the Village
Board.
G.
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.
H.
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.
I.
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.
J.
Conditional waiver terms. A conditional waiver may include, but is
not limited to, the following terms:
(1)
Curfew restrictions.
(2)
Cohabitant restrictions or requirements.
(3)
Sobriety restrictions.
(4)
Conduct restrictions.
(5)
Residency restrictions.
(6)
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.
(7)
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.
(8)
Requirements for subsequent review hearings before the Village Board.
(9)
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.
(10)
Requirements to maintain employment.
K.
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.
L.
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.
M.
Revocation of waiver. An unconditional waiver or a conditional waiver
issued by the Village Board may be revoked by the Village Board as
follows:
(1)
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.
(2)
If the designated offender is found to have violated any of the conditions
of the conditional waiver.
(3)
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.
(4)
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
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.
B.
Each day a person is in violation of any section of this chapter
constitutes a separate violation.
C.
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.
