[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 9, Part VII, Ch. 9.67, of the 1979 Code; amended
in its entirety by Ord. No. 022, Series 2007. Subsequent amendments noted where applicable.]
This chapter is a regulatory measure aimed at protecting the
health and safety of children in Grafton from the risk that certain
convicted sex offenders may re-offend in locations close to their
residences. The Village finds and declares that certain 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 and day-care centers. The Village finds and declares
that, in addition to schools and day-care centers, children congregate
or play at public parks, swimming pools, libraries, recreational trails,
athletic fields, and playgrounds.
The following definitions shall be used in this chapter 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 and
involving a person under the age of 18 years, respectively:
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Wisconsin Statutes Sections
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940.225(1)
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First degree sexual assault
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940.225(2)
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Second degree sexual assault
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940.225(3)
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Third degree sexual assault
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940.22(2)
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Sexual exploitation by therapist
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940.30
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False imprisonment - victim a minor and not offender's child
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940.31
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Kidnapping - victim a minor and not offender's child
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944.01
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Rape (prior statute)
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944.06
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Incest
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944.10
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Sexual intercourse with a child (prior statute)
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944.11
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Indecent behavior with a child (prior statute)
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944.12
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Enticing child for immoral purposes (prior statute)
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948.02(1)
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First degree sexual assault of a child
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948.02(2)
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Second degree sexual assault of a child
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948.025
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Engaging in repeated acts of sexual assault of the same child
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948.05
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Sexual exploitation of a child
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948.055
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Causing a child to view or listen to sexual activity
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948.06
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Incest with a child
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948.07
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Child enticement
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948.075
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Use of a computer to facilitate a child sex crime
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948.08
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Soliciting a child for prostitution
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948.085
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Sexual assault of a child placed in substitute care
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948.09
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Sexual intercourse with a child age 16 or older
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948.095
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Sexual assault of a child by a school staff person or a person
who works or volunteers with children
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948.10
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Exposing genitals or pubic area
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948.11
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Exposing child to harmful material or harmful descriptions or
narrations
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948.12
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Possession of child pornography
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948.13
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Convicted child sex offender working with children
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948.14
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Registered sex offender and photographing minors
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948.30
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Abduction of another's child
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971.17
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Commitment of persons found not guilty by reason of mental disease
or mental defect
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975.06
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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 crime against children.
The offender's true, fixed and permanent home, to which the
offender intends to return and remain even though currently residing
elsewhere.
The place where an offender abides, lodges or resides for
14 or more consecutive days.
The place where the offender abides, lodges or resides for
a period of 14 or more days in the aggregate during any calendar year,
and which is not the person's permanent residence; or the place where
the person routinely abides, lodges or resides for a period of four
or more consecutive or nonconsecutive days in any month, and which
is not the person's permanent residence.
An offender shall not establish a permanent residence or temporary
residence in any location on a parcel of land which, in whole or in
part, is within 1,000 feet of the real property comprising any of
the following:
A.
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) Stats);
and/or
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
B.
Any path, route, area or facility used for:
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 day-care center;
9.
Any specialized school for children, including but not limited to
a gymnastics academy, dance academy or music school;
10.
Aquatic facilities open to the public;
11.
Rehabilitative agencies for children and adults with developmental
disabilities, (i.e., Portal Industries, Inc.).
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The distance shall be measured from the closest boundary line
of the real property supporting the residence of an offender to the
closest real property boundary line of the applicable above-enumerated
use(s). A map depicting the above-enumerated uses and the resulting
residency restriction distances, as amended from time to time, is
on file in the office of the Village Clerk for public inspection.
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An offender establishing a residence in any location on a parcel of land which, in whole or in part, is within 1,000 feet of the real property comprising any of the uses enumerated in § 9.67.030, does not commit a violation of this chapter if any of the following apply:
A.
The offender has established a residence prior to the effective date of this chapter, November 16, 2007, which is within 1,000 feet of any of the uses enumerated in § 9.67.030 above, or such enumerated use is newly established after such effective date and it is located within such 1,000 feet of a residence of an offender which was established prior to the effective date of this section.
B.
The offender is a minor or ward under guardianship.
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 offender 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 § 9.67.030 and not subject to an exception set forth in § 9.67.040 above,
In addition to and notwithstanding the foregoing, but subject to § 9.67.040 above, no offender and no individual who has been convicted of a crime against children shall be permitted to establish a residence in the Village of Grafton unless such person was domiciled in Ozaukee County at the time of the offense resulting in the person's most recent conviction for committing the crime against children.
In addition to and notwithstanding the foregoing, but subject to § 9.67.040, no offender and no individual who has been convicted of a crime against children shall be permitted to establish a residence in a designated walking zone for schools or school districts.
In addition to and notwithstanding the foregoing, but subject to § 9.67.040 above, no offender shall be permitted to establish a permanent or temporary residence within 1,000 feet of a temporary or permanent residence of another offender in the Village of Grafton. This restriction shall not apply to offenders who have established residence within 1,000 feet of another offender prior to the effective date of this chapter, but all existing offender residences shall be considered when calculating distance and determining residence availability for any offenders establishing a residence after the effective date of the chapter.
If an offender violates any provisions of this chapter without
any exception(s) as also set forth above, said offender shall be subject
to a forfeiture of not less than $1,000 and not more than $2,500 for
each violation. Each day that a violation exists shall be considered
a separate offense. If any person, corporation or business entity
of any kind rents to an offender in violation of the terms of this
chapter, said person, corporation or business entity shall be subject
to a forfeiture of not less than $1,000 and not more than $2,500 for
each violation. Each day that a violation exists shall be considered
a separate offense. In addition to all relief called for herein, the
Village may also seek equitable relief, including, but not limited
to, an action in the name of the Village in the Circuit Court for
Ozaukee County to permanently enjoin such residency.
