[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 023, Series 2007 (Title 9, Part IV, Ch. 9.45, of the 1979 Code).
Amendments noted where applicable.]
The definitions delineated in § 9.67.020 of the Village of Grafton Municipal Code shall be applicable to this chapter. In addition, the term "child safety zones" shall include any real property upon which there exists any route, path, area or facility used for or which supports a use of:
A.
A public park, parkway, parkland, park facility;
B.
A public swimming pool;
C.
A public library;
D.
A recreational trail;
E.
A public playground;
F.
A school for children;
G.
Athletic fields used by children;
H.
A day-care center;
I.
Any specialized school for children, including, but not limited,
to a gymnastics academy, dance academy or music school;
J.
Aquatic facilities open to the public; and
K.
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.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
L.
Designated walking zones for schools and schools districts.
M.
Rehabilitative agencies for children and adults with developmental
disabilities (i.e., Portal Industries, Inc.).
A.
It shall be unlawful for any offender to enter into, congregate,
loiter, wander, stroll, stand or play in or near a child safety zone
under circumstances that warrant alarm for the safety of persons in
the vicinity.
B.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the actor takes flight upon
appearance of a police or peace officer, refuses to identify himself
or manifestly endeavors to conceal himself or any object. Unless flight
by the actor or other circumstances makes it impracticable, a police
or peace officer shall, prior to any arrest for an offense under this
chapter, afford the actor an opportunity to dispel any alarm which
would otherwise be warranted by requesting him to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this subsection if the police or peace officer
did not comply with the preceding sentence, or if it appears at trial
that the explanation given by the actor was true and, if believed
by the police or peace officer at the time, would have dispelled the
alarm.
Any person who shall violate any provision of this chapter shall
pay, upon conviction, a forfeiture not to exceed $1,000 per violation,
plus court costs. Each day during which a violation of this chapter
is permitted to exist shall be deemed to be a separate violation.
