[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This article is a regulatory measure aimed at protecting the
health and safety of children in Salem Lakes from the risk that convicted
sex offenders may reoffend in locations close to their residences.
The Village finds and declares that 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 re-arrested
for a new sexual assault. Given the high rate of recidivism for sex
offenders and that reducing opportunity and temptation is important
to minimizing the risk of recidivism, 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, day-care centers and
other places children frequent. The Village finds and declares that
in addition to schools and day-care centers, children congregate or
play at public parks.
As used in this article and unless the context otherwise requires,
the following terms shall have the meanings indicated:
CRIME AGAINST CHILDREN
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 when
the victim is a child:
Wis. Stats. Section
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§ 940.22(2), Sexual exploitation by therapist
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§ 940.225(1), First degree sexual assault
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§ 940.225(2), Second degree sexual assault
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§ 940.225(3), Third degree sexual assault
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§ 940.30, False imprisonment (victim was minor and
not the offender's child)
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§ 940.31, Kidnapping (victim was minor and not the
offender's child)
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§ 944.01, Rape (prior statute)
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§ 944.06, Incest
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§ 944.10, Sexual intercourse with a child (prior statute)
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§ 944.11, Indecent behavior with a child (prior statute)
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§ 944.12, Enticing child for immoral purposes (prior
statute)
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§ 948.02(1), First degree sexual assault of a child
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§ 948.02(2), Second degree sexual assault of a child
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§ 948.025, Engaging in repeated acts of sexual assault
of the same child
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§ 948.05, Sexual exploitation of a child
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§ 948.055, Causing a child to view or listen to sexual
activity
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§ 948.06, Incest with a child
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§ 948.07, Child enticement
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§ 948.075, Use of a computer to facilitate a child
sex crime
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§ 948.08, Soliciting a child for prostitution
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§ 948.095, 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, Exposing genitals, pubic area, or intimate
parts
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§ 948.11(2)(a) or (am), Exposing child to harmful
material - felony sections
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§ 948.12, Possession of child pornography
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§ 948.13, Convicted child sex offender working with
children
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§ 948.30, Abduction of another's child
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OFFENDER
An offender 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 sexually violent crime and/or a crime against children.
RESIDENCE (RESIDE)
The place where an offender sleeps, which may include more
than one location and may be mobile or transitory.
SEXUALLY VIOLENT
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
An offender residing within 1,500 feet of the real property comprising any of the uses enumerated in §
439-3 above does not commit a violation of this article if any of the following apply:
A. The offender is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
B. The offender has established a residence prior to the effective date
of this article on July 13, 2009, which is within 1,500 feet of any of the uses enumerated in §
439-3 above, or such enumerated use is newly established after such effective date and it is located within such 1,500 feet of a residence of an offender which was established prior to the effective date of this article.
C. The offender is a minor or ward under guardianship.
An offender does not commit a violation of §
439-6 above and the enumerated uses may allow such offender on the property supporting such use if any of the following apply:
A. The property supporting an enumerated use under §
439-6 also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
(1) Entrance and presence upon the property occurs only during hours
of worship or other religious program/service as posted to the public;
(2) Written advance notice is made from the offender to an individual
in charge of the church and approval from an individual in charge
of the church as designated by the church is made in return, of the
attendance by the offender; and
(3) The offender shall not participate in any religious education programs
which include individuals under the age of 18.
B. The property supporting an enumerated use under §
439-6 also supports a use lawfully attended by an offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the offender as the child's parent upon the property, subject to the following conditions:
(1) Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
(2) Written advance notice is made from the offender to an individual
in charge of the use upon the property and approval from an individual
in charge of the use upon the property as designated by the owner
of the use upon the property is made in return, of the attendance
by the offender.
C. The property supporting an enumerated use under §
439-6 also supports a polling location in a local, state or federal election, subject to the following conditions:
(1) The offender is eligible to vote;
(2) The designated polling place for the offender is an enumerated use;
and
(3) The offender enters the polling place property, proceeds to cast
a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the offender vacates the property
immediately after voting.
D. The property supporting an enumerated use under §
439-6 also supports an elementary or secondary school lawfully attended by an offender as a student, under which circumstances the offender who is a student may enter upon that property supporting the school at which the offender is enrolled, as is reasonably required for the educational purposes of the school.
E. The offender has been continuously employed on a full-time, part-time or seasonal basis at a property supporting an enumerated use under §
439-6, subject to the following conditions:
(1) The
offender continues employment which commenced on or before January
31, 2008;
(2) The
sexually violent crime and/or crime against children of which the
offender has been convicted occurred prior to the commencement of
the employment; and
(3) The
employer has taken reasonable measures to reduce the opportunity and
temptation of the offender to reoffend.
If an offender violates §
439-3 above by establishing a residence or occupying residential premises within 1,500 feet of those premises as described therein, without any exception(s) as also set forth above, the Village Attorney, upon referral from a law enforcement officer and the written determination by the law enforcement officer that, upon all of the facts and circumstances and the purpose of this article, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health or safety of another or others, shall bring an action in the name of the Village in the Circuit Court for Kenosha County to permanently enjoin such residency as a public nuisance. If an offender violates §
439-3 or
439-6 above, in addition to the aforesaid injunctive relief, such offender shall be subject to the general penalty provisions set forth under §
1-4 of this Code. Each day a violation continues shall constitute a separate violation. In addition, the Village may undertake all other legal and equitable remedies to prevent or remove a violation of this article.