As used in this chapter, the following terms shall have the meanings indicated:
CHILD SAFETY LOCATION The site upon which any of the following are located:
A. Public parks, park pathways, parkland, park facilities;
B. Public swimming pools and aquatic facilities open to the public;
G. Athletic fields used by children;
I. Specialized schools for children, including, but not limited to, a gymnastics academy, dance academy or music school;
L. Facilities 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 day-care center licensed under § 48.65, Wis. Stats.; a day-care provider certified under § 48.651, Wis. Stats.; or a youth center, as defined in § 961.01(22), Wis. Stats.].
CHILD SAFETY ZONE Any place within the Village that is located within 500 feet of any child safety location.
CRIME AGAINST CHILDREN Has the meaning of 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, respectively:
§ 940.225(1), First degree sexual assault |
§ 940.225(2), Second degree sexual assault |
§ 940.225(3), Third degree sexual assault |
§ 940.22(2), Sexual exploitation by therapist |
§ 940.30, False imprisonment — victim was a minor and not the offender's child |
§ 940.31, Kidnapping — victim was a minor and not the offender's child |
§ 944.01, Rape (prior statute) |
§ 944.06, Incest |
§ 944.10, Sexual intercourse with a child (prior statute) |
§ 944.11, Indecent behavior with a child (prior statute) |
§ 944.12, Enticing child for immoral purposes (prior statute) |
§ 948.02(1), First degree sexual assault of a child |
§ 948.02(2), Second degree sexual assault of a child |
§ 948.025, Engaging in repeated acts of sexual assault of the same child |
§ 948.05, Sexual exploitation of a child |
§ 948.055, Causing a child to view or listen to sexual activity |
§ 948.06, Incest with a child |
§ 948.07, Child enticement |
§ 948.075, Use of a computer to facilitate a child sex crime |
§ 948.08, Soliciting a child for prostitution |
§ 948.095, Sexual assault of a student by school instructional staff |
§ 948.11(2)(a) or (am), Exposing child to harmful material — felony sections |
§ 948.12, Possession of child pornography |
§ 948.13, Convicted child sex offender working with children |
§ 948.30, Abduction of another's child |
§ 971.17, Not guilty by reason of mental disease — of an included offense |
§ 975.06, Sex crimes law commitment |
RESIDENCE A place where a person sleeps, abides, lodges or resides on a permanent or temporary basis. For purposes of this definition, a "permanent basis" means 14 or more consecutive days, and a "temporary basis" means 14 or more aggregate days during any calendar year or four or more consecutive or nonconsecutive days in any month. A person may have more than one residence and may be mobile or transitory.
SEX OFFENDER 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 sexually violent offense and/or a crime against children.
It is unlawful for a sex offender to participate in any public holiday event in the Village involving children under 18 years of age where the distributing of candy or other items to children takes place, including, but not limited to, holiday parades and similar gatherings, Halloween trick-or-treating, wearing a Santa Claus costume in a public place on or during any of the six weeks preceding Christmas, wearing an Easter Bunny costume on or during any of the six weeks preceding Easter, or engaging in any other similar types of activity that may, under the circumstances then present, tend to entice a child to have contact with the sex offender. Holiday events in which the sex offender is the parent or legal guardian of the child or children involved, and no other children are present, are exempt from this section.
It is unlawful for any sex offender to loiter or prowl in a child safety location in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of children in the vicinity. 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 law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by an actor or other circumstances makes it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself or explain his or her presence and conduct at the child safety location. No person shall be convicted of an offense under this section if the law enforcement 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 law enforcement at the time, would have dispelled the alarm.
It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer or other conveyance is located within a child safety zone.
To the extent required by § 980.135, Wis. Stats., and notwithstanding the provisions of this chapter, the Village hereby exempts and may not enforce any provision of this chapter that restricts or prohibits a sex offender from residing at a particular location, or that restricts or prohibits a person from providing housing to a sex offender against an individual who is released under § 980.08, Wis. Stats., or against a person who provides housing to such individual, so long as the individual is subject to supervised release under Chapter 980 of the Wisconsin Statutes, the individual is residing where he or she is ordered to reside under § 980.08, Wis. Stats., and the individual is in compliance with all court orders issued under Chapter 980 of the Wisconsin Statutes.