[HISTORY: Adopted by the Town Board of the Town of Koshkonong
by 11-12-2014. Amendments noted
where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 391.
The following words and phrases shall have the following meanings:
An individual under the age of 18 years.
Any of the following offenses set forth in the Wisconsin Statutes,
as amended, or in the laws of this or any other state or the federal
government having like elements necessary for conviction, respectively:
Wis. Stat. § 940.225(1), First Degree Sexual Assault.
Wis. Stat. § 940.225(2), Second Degree Sexual Assault.
Wis. Stat. § 940.225(3), Third Degree Sexual Assault.
Wis. Stat. § 940.22(2), Sexual Exploitation by Therapist.
Wis. Stat. § 940.30, False Imprisonment — Victim
was Minor and Not Offender's Child.
Wis. Stat. § 940.31, Kidnapping — Victim was
Minor and Not Offender's Child.
Wis. Stat. § 944.02, Rape (prior statute, now Wis.
Stat. § 940.225).
Wis. Stat. § 944.06, Incest.
Wis. Stat. § 944.10, Sexual Intercourse with a Child
(prior statute, now Wis. Stat. § 948.02).
Wis. Stat. § 944.11, Indecent Behavior with a Child
(prior statute, now Wis. Stat. § 948.02).
Wis. Stat. § 944.12, Enticing Child for Immoral Purposes
(prior statute, now Wis. Stat. § 948.07).
Wis. Stat. § 948.02(1), First Degree Sexual Assault
of a Child.
Wis. Stat. § 948.02(2), Second Degree Sexual Assault
of a Child.
Wis. Stat. § 948.025, Engaging in Repeated Acts of
Sexual Assault of the Same Child.
Wis. Stat. § 948.05, Sexual Exploitation of a Child.
Wis. Stat. § 948.055, Causing a Child to View or Listen
to Sexual Activity.
Wis. Stat. § 948.06, Incest with a Child.
Wis. Stat. § 948.07, Child Enticement.
Wis. Stat. § 948.075, Use of a Computer to Facilitate
a Child Sex Crime.
Wis. Stat. § 948.08, Soliciting a Child for Prostitution.
Wis. Stat. § 948.095, Sexual Assault of a Student
by School Instruction Staff.
Wis. Stat. § 948.11(2)(a) or (am), Exposing a Child
to Harmful Material.
Wis. Stat. § 948.12, Possession of Child Pornography.
Wis. Stat. § 948.13, Convicted Child Sex Offender
Working with Children.
Wis. Stat. § 948.30, Abduction of Another's Child.
Wis. Stat. § 971.17, Not Guilty by Reason of Mental
Disease or an Included Offense.
Wis. Stat. § 975.06, Sex Crime Law Enforcement.
A place where a person sleeps, abides, lodges, or resides
on a permanent or regular basis. For purposes of this definition,
a permanent basis means 14 or more consecutive days and a regular
basis means 14 or more aggregate days during any calendar year and
four or more days in any month. A person may have more than one residence.
A person who has been convicted of, has been found delinquent
of, or has been found not guilty of by reason of disease or mental
defect of, a "sexually violent offense" or a "crime against children."
Shall have the meaning set forth in Wis. Stat. § 980.01(6).
A place where a person 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 address or 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 address.
The Wisconsin Statutes, including Chapters 940, 944 and 948
thereof, govern the punishment of individuals who commit sex crimes.
The Wisconsin Statutes also govern the release into the community
of such individuals. The Town ("Town") is responsible to maintain
the public health, safety, and welfare; and finds that sex offenders
have high recidivism rates that threaten the public health, safety,
and welfare, especially that of children. In making this finding,
the Town has reviewed a study by the United States Department of Justice
finding that sex offenders are four times more likely than non-sex
offenders to be arrested for another sex crime after discharge from
prison. The study also found that 70% of all men in prison for a sex
crime were men whose victims were children. The Town has also reviewed
the findings of various legislatures related to sex offender residency
as well as the decision of the United States Court of Appeals for
the 8th Circuit in Doe v. Miller, 405 F.3d 700 (8th Circuit 2005),
in which the Court stated that it was "common sense" that limiting
contact between sex offenders and areas where children are located
is likely to reduce the risk of sex offenses against children. In
addition, the Town has reviewed the decision of the Wisconsin Court
of Appeals in City of South Milwaukee v. Todd J. Kester, Appeal No.
2012 AP 724, in which the Court held that a Wisconsin municipality
could regulate through its police power, the location of sex predators
within the City.
The purpose of this chapter is to protect the public health,
safety, and welfare of children in the Town of Koshkonong by limiting
contact between sex offenders and children to reduce the risk that
sex offenders will re-offend.
A.
Except as otherwise provided in this chapter, a sex offender shall
not establish a residence or temporary residence within 1,000 feet
of any real property upon which there exists any of the following
uses:
[Amended 12-8-2017]
(1)
A school or any other facility for children.
(2)
A public park, park facility, pathway or recreational trail where
children routinely congregate.
(3)
A day-care licensed by the State of Wisconsin.
(4)
A public library.
(5)
A public playground or public recreational area.
(6)
A public athletic field used by children.
(7)
A residential care center for children.
(8)
A public swimming pool.
B.
For purposes of this section, distance is to be measured in a straight
line from the closest boundary line of the real property upon which
the sex offender's residence or temporary residence is located
to the closest boundary line of the real property of the applicable
use.
A sex offender residing within an area otherwise prohibited by § 454-4 is not in violation of this chapter if any of the following apply:
A.
The person is required by court order or other governmental authority
to serve a sentence at a jail, prison, juvenile facility, or other
facility located at the otherwise prohibited location.
B.
The person had established a residence at the location prior to the
effective date of this chapter.
C.
The use enumerated in § 454-4 was established after the sex offender established a residence at the location and registered that residence as required by law.
D.
The sex offender is a minor or ward under guardianship.
No sex offender may enter or be present on any real property
upon which there exists any facility used for or which supports the
use of:
A.
A school or any other facility for children.
B.
A public park, park facility, pathway, or recreational trail where
children routinely congregate.
C.
A day-care licensed by the State of Wisconsin.
D.
A public library.
E.
A public playground or public recreational area.
F.
A public athletic field used by children.
G.
A residential care center for children.
H.
A public swimming pool.
I.
Any public building during the time it is being used for educational
or recreational activities by children.
A sex offender present in an area otherwise prohibited by § 454-6 is not in violation of this chapter if any of the following apply:
A.
The property supporting a use enumerated in § 454-6 also supports a church, synagogue, mosque, temple, or other house of religious worship, subject to the following conditions:
B.
The property supporting a use enumerated in § 454-6 also supports a use lawfully attended by the sex offender's natural or adopted child or children, which child's use reasonably requires the attendance of the sex offender, provided that entrance and presence on the property occurs only during hours of activity related to the use by the child or children.
C.
The property supporting a use enumerated in § 454-6 also supports a polling location in a local, state, or federal election, subject to the following conditions:
The terms and provisions of this chapter are severable. Should
any term or provision of this chapter be found invalid by a court
of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect.
