Village of Whitefish Bay, WI
Milwaukee County
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[Adopted as Sec. 8.071 of the Codification; amended in its entirety 8-26-2019 by Ord. No. 1855]
A. 
The Village Board finds that studies have shown that repeat sex offenders who use physical violence and sex offenders who prey on children are persons who present a serious threat to public safety. Sex offenders are extremely likely to use physical violence when they offend. Many sex offenders commit multiple offenses, have more victims than are reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society great, and justifies efforts to protect the public.
B. 
Because reducing both opportunity and temptation will minimize the risk of reoffense for those sex offenders who will recommit sex offenses against children, there is a compelling need to separate sex offenders from places where children congregate or play in public places.
C. 
It is the intent of the Village Board to protect the safety and welfare of its citizens by creating zones around places where children regularly gather, in which certain sex offenders are prohibited from establishing residence. It is not the intent of the Village Board to impose additional punishment on sex offenders.
As used in this article, the following terms shall have the meaning indicated:
CHILD
A person under the age of 18 years.
CHILD SAFETY ZONE
An area within 1,750 feet of any child oriented facility, defined as a private or public school, recreational trail, navigable water, playground, park having a children's playground, park having athletic facilities used by persons younger than 18 years of age, child-care center licensed pursuant to Wis. Stats. § 48.65, or group home as defined in Wis. Stats. § 48.02(7) containing one or more persons younger than 18 years of age, within the Village.
RESIDENCE
A place where a person resides or dwells, or is used by a person as the primary location for basic life functions such as sleeping or eating; whether short- or long-term, but for an aggregate of 14 or more days in any one-year period.
SECTION
This Municipal Code §§ 8-57 through 8-64.1.
A. 
Any person who is required to register under Wis. Stats. § 301.45 for any offense against a child.
B. 
Any person who is required to register under Wis. Stats. § 301.45 and who is the subject of a special bulletin notification issued pursuant to Wis. Stats. § 301.46(2m).
C. 
Any person committed to the State Department of Health Services for specialized treatment pursuant to Wis. Stats. § 975.06.
D. 
Any person placed on lifetime supervision by the State Department of Corrections pursuant to Wis. Stats. § 939.615 or § 971.17(1j).
No sex offender shall establish or maintain a residence within a child safety zone or enter or be present upon any child oriented facility within this Village, except under the following circumstances:
A. 
It is specifically ordered that the sex offender reside within a child safety zone by a circuit court having competent jurisdiction.
B. 
The sex offender established the residence within 1,750 feet of a private or public school, recreational trail, playground, park having a children's playground, park having athletic facilities used by persons younger than 18 years of age, licensed day-care center as defined in Wis. Stats. § 48.65, or group home as defined in Wis. Stats. § 48.02(7) containing one or more persons under the age of 18; reported and registered the residence pursuant to Wis. Stats. § 301.45 before August 4, 2014, and has continuously maintained that residence since then. Interruptions of residence for the following reasons shall not be deemed to disqualify continuous maintenance of residence:
(1) 
Incarceration in a Wisconsin correctional facility.
(2) 
Participation in programs as required by the Wisconsin Department of Corrections.
(3) 
Participation in activities as required by the federal or state government, or a federal or state court.
(4) 
Interruptions of no longer than 180 days, for any reason.
C. 
The person is excepted from sex-offender registration pursuant to Wis. Stats. § 301.45(1m).
D. 
The private or public school, recreational trail, playground, park having a children's playground, park having athletic facilities used by persons younger than 18 years of age, child-care center, or group home around which a child safety zone first existed after the sex offender established residence and reported and registered the residence pursuant to Wis. Stats. § 301.45.
E. 
The sex offender's residence is within a jail, juvenile facility or other correctional facility at which the sex offender is serving a court-ordered sentence.
F. 
The sex offender is a minor or ward under guardianship and is residing with his or her parent or guardian.
In addition to and notwithstanding the foregoing, no sex offender shall be permitted to reside in the Village, unless such sex offender was domiciled in the Village at the time of the offense resulting in the sex offender's most recent conviction for committing a crime resulting in sex offender status.
A sex offender that has been adjudicated a sexually violent person pursuant to Wisconsin Statutes Chapter 980 shall not be in violation of § 8-59 if the sex offender is subject to supervised release under Chapter 980, the sex offender is residing where he or she is ordered to reside under Wis. Stats. § 980.08, and the sex offender is in compliance with all court orders issued under Chapter 980.
The boundaries of the child safety zone shall be determined by measuring from the outer property boundary (whether within or outside of the Village) of private or public schools, recreational trails, playgrounds, parks having a children's playground, parks having athletic facilities used by persons younger than 18 years of age, child-care centers, or group homes containing one or more persons younger than 18 years of age, as defined in § 8-58, along the shortest line to the outer property boundary of a sex offender's residence located within the Village. If any portion of a property is within a child safety zone, then the entire property shall be deemed within the child safety zone.
The Village Clerk-Treasurer shall maintain an official map showing the child safety zone defined in § 8-58, and shall update the map at least from time to time to reflect any changes.
A person who violates provisions of § 8-59 shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation. Each day a violation continues shall constitute a separate offense. The Village may also seek equitable relief to gain compliance.
[Amended 11-18-2019 by Ord. No. 1860]
The Village Building Inspector shall be responsible for enforcement of the residency provisions of this article. The Police Department shall be responsible for enforcement of all other provisions of this article. Any aggrieved party may appeal the decisions of the Building Inspector to the Board of Appeals under § 62.23(7)(e) Wis. Stats. Whereupon the Board of Appeals may reverse, amend, condition, or grant an exception to the decision of the Building Inspector, if the Board of Appeals determines that the health, safety and welfare of children in the Village would not be unduly threatened by such reversal, amendment, condition or exception after consideration of the following factors:
A. 
The nature of the offense that put the person on the registry.
B. 
The number of years since the offense.
C. 
Recommendation of any probation officer or parole officer.
D. 
Recommendation of Police Department.
E. 
Treatment or rehabilitation status of person on the registry.
F. 
Character of surrounding area relative to the character of defendant, treatment, or the prior offense or offenses.
G. 
Recommendation of any treating practitioner.
H. 
Proposals for safety assurances of person on the registry.
I. 
Conditions to be placed on any exception from the requirements of the article.