[Code 1993, § 9.02; amended 10-10-2022 by Ord. No. 37-2022]
(a)
WEAPON
Definitions.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Any gun, pistol, rifle, airgun or other device used to propel
a missile in the form of a ball, bullet, slug, BB shot, bolt, arrow
or pellet, whether the propelling force is gunpowder, an explosive,
compressed air, mechanical action or any other force.
(b)
Discharge.
No person shall discharge a weapon within the Village except as follows:
(1)
A
member of the Armed Forces of the United States or the state while
in the lawful discharge of his or her official duty.
(2)
A
public official while in the lawful discharge of official duty.
(3)
Any
person while on a licensed and clearly defined target range or shooting
gallery, provided that the missile discharged will stop on or over
the target range or shooting gallery.
(4)
By
the owner of any land zoned agricultural or estate residential no
less than five acres or by any person who has permission of the owner
of any such land, provided that the discharge of the weapon can occur
not less than 500 feet from any public or private street, alley, highway,
park, picnic ground, playground, railroad right-of-way, dwelling,
business, school, golf course, or other institution. Any missile that
is discharged under this subsection must stop on or over the owner's
land.
(c)
This
section shall not apply to the legal use of a bow and arrow or crossbow
while engaged in hunting during the legally established seasons set
forth by the State of Wisconsin, provided:
(1)
No
person engaged in archery hunting activity may discharge a bow and
arrow or crossbow within 300 feet of a building devoted to human occupancy
unless the property owner who owns the property on which the building
is located on permits the hunter to hunt within 300 feet of the building.
(2)
All
persons engaged in archery hunting activity are required to fire all
projectiles toward the ground.
[Code 1993, § 9.03]
(a)
FIREWORKS
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any firecracker, blank, cartridge, toy pistol or cannon,
or cane in which explosives are used, contrivances using nonpaper
caps or cartridges, sparklers, display wheels, the type of balloons
which require fire underneath to propel them, torpedoes, sky rockets,
Roman candles, aerial salutes, American or Chinese bombs, or other
devices of similar construction and any similar device containing
any explosive or flammable compound, nitrate, chlorate, exalate, sulphide
of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorous
or any compound of thereof and commonly known as fireworks.
(b)
Prohibited; exemptions. No person shall sell, expose or offer for
sale, use, keep, discharge or explode any fireworks in the Village.
(1)
Such ban shall not apply to any of the following, as may be commonly
found in permanent retail outlets, such as department stores and supermarkets:
a.
Toy pistols, canes, guns or other devices using paper caps made in
accordance with U.S. Interstate Commerce Commission regulations. Paper
caps are also permitted.
b.
Gold star producing sparklers on wires which contain no magnesium,
chlorate or perchlorate.
c.
Toy snakes which contain no mercury.
d.
Smoke and party novelties which contain less than 1/4 gram of explosive
mixtures.
(2)
The list of fireworks set forth in Subsection (b)(1) of this section
may only be used on private property and shall not be permitted on
public property. Streets, alleys, parks and parkways are considered
public property where fireworks are banned.
(c)
Exceptions. Nothing contained in this section shall prohibit the
use of fireworks in the following circumstances:
(1)
Pyrotechnic displays given by public authorities, fair associations,
amusement parks, park boards, civic organizations or groups of individuals
when a permit to do so has been issued by the Fire Chief or his designee.
The Fire Chief may issue such permits as he deems advisable under
the circumstances of each case, but the issuance of any such permit
shall not be deemed a guarantee by the Fire Department or the Village
that the use of any fireworks shall be safe. In addition, the Fire
Chief or his designee may specify in such permit the days when the
permit is valid and may further limit the times of the day when the
pyrotechnic display may be held. If the Fire Chief denies a request
for a permit, the applicant may appeal to the Village Board to review
the Fire Chief's decision.
(2)
The use or sale of blank cartridges for circus or theatrical purposes,
signal purposes in athletic contests or sports events, or the use
by militia, police or military organizations, and the use or sale
of colored flares or torpedoes for railway, aircraft or highway signal
purposes.
(3)
Sale by a resident wholesaler, dealer or jobber at wholesale, but
only when the fireworks are shipped or delivered directly outside
the state or to an organization or group permitted to use the fireworks
under the provisions of Subsection (c)(1) of this section or statute.
[Code 1993, § 9.04]
No person shall intentionally enter upon any land of another,
for any purpose whatsoever, without the express or implied consent
of the owner or occupant thereof. Consent shall be implied only when
the person entering the lands of another does so for business or social
reasons and confines his entrance to established driveways or sidewalks.
[Code 1993, § 9.05]
No person shall remain in or on any private property, land,
dwelling or business establishment after consent to remain has been
expressly withdrawn by the owner of such private property, land, dwelling
or business establishment or by his agent or representative.
[Code 1993, § 9.07]
(a)
911 EMERGENCY TELEPHONE SYSTEM
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Has the meaning specified in Wis. Stats. § 146.70(1)(i).
(b)
Regulated use.
(1)
No person shall use the 911 emergency telephone system for regular
business or nonemergency telephone calls. If the identity of such
caller is not, or cannot, be determined, the person or entity to whom
the 911 service is billed shall be deemed to be in violation of this
section.
(2)
No person shall intentionally dial the telephone number 911 to report
an emergency knowing that the situation which he reports does not
exist.
(c)
Violations; penalties. Any person convicted of a violation of this
section shall forfeit not less than $25, nor more than $300, plus
costs and penalty assessments, for the first offense, and not less
than $50, nor more than $750, plus costs and penalty assessments,
for the second and subsequent offenses, and in default of payment
thereof, may be confined in the county jail for not more than 30 days.
(d)
Forfeiture in lieu of court appearance. Any person charged with the
offenses listed under this section may, in lieu of a court appearance,
pay the following amounts at the Police Department:
[Code 1993, § 9.10]
(a)
Any person who is concerned in the commission of an ordinance violation
is a principal and may be charged with, and found guilty of, the commission
of the ordinance violation although he did not directly commit the
violation, and although the person who directly committed the violation
has not been found guilty or has been found guilty of some other ordinance
violation based on the same act.
(b)
A person is concerned in the commission of an ordinance violation
if he:
(1)
Directly commits the ordinance violation;
(2)
Intentionally aids and abets the commission of the ordinance violation;
or
(3)
Is a party to a conspiracy with another to commit, or advises, hires,
counsels or otherwise procures another to commit, the violation. Such
a party is also concerned in the commission of any other ordinance
violation which is committed in the pursuance of the intended ordinance
violation. This subsection does not apply to a person who voluntarily
changes his mind and no longer desires that the ordinance violation
be committed and notifies the other parties concerned of his withdrawal
within a reasonable time before the commission of the ordinance violation
so as to allow the others also to withdraw.
(c)
Any person who violates the provisions of Subsection (a) of this section shall forfeit such sum not exceeding the maximum forfeiture permitted for the violation of the ordinance in question, nor less than the minimum forfeiture so permitted, and in default of payment, by imprisonment in the county jail for not more than the term permitted for such violation of an ordinance.
[Code 1993, § 9.11]
(a)
Selling, serving or giving to another in public. No person shall
sell, serve or give to another person, or offer to sell, serve or
give to another person, any fermented malt beverage or intoxicating
liquor while upon any public street or sidewalk, or within a parked
motor vehicle located on any street or upon any parking lot open to
the public, whether privately owned or not, within the Village.
(b)
Consumption or possession in public. No person shall consume or possess
an open container containing any fermented malt beverage or intoxicating
liquor while upon any public street or sidewalk, or within a parked
vehicle located on any street or upon any parking lot open to the
public, whether privately owned or not, within the Village.
[Code 1993, § 9.12]
(a)
No person shall loiter 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 persons or property in the vicinity. Among the circumstances
which may be considered in determining whether such alarm is warranted
is the fact that such person takes flight upon appearance of a police
officer, refuses to identify himself or manifestly endeavors to conceal
himself or any object.
(b)
Unless flight by the person or other circumstances makes it practicable,
a police officer shall, prior to any arrest for an offense under this
section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted by requesting the person to identify
himself and explain his presence and conduct. No person shall be convicted
of an offense under this section if the police officer did not comply
with the such requirement or, if it appears at trial that the explanation
given by the person was true and, if believed by the police officer
at the time, would have dispelled the alarm.
(c)
No person shall stand, assemble or loiter upon any sidewalk, street,
public ground or public way in the Village so as to obstruct, hinder
or impede free passage upon or along such sidewalk, street, public
ground or public way, or obstruct, hinder or impede free ingress or
egress to and from any place of business, institution, public building
or property. No person so assembled shall refuse or neglect to move
or depart, or give free passage after being requested to do so by
the owner, lessee, tenant, manager or occupant of such obstructed
premises or upon order of any police officer in the Village.
(d)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling, house, apartment building or any other place
of residence with the intent to watch, gaze or look upon the occupants
therein in a clandestine manner.
(f)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd, lascivious
or unlawful act.
(g)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person in
possession or control thereof.
(h)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, the term "loiter" means
to, without just cause, remain in a restaurant, tavern or public building,
or remain upon the property immediately adjacent thereto, after being
asked to leave by the owner or person entitled to possession or in
control thereof or by any police officer.
[Code 1993, § 9.13]
No person shall throw, place or deposit, or allow to be thrown,
placed or deposited, any type of handbill, circular, debris, foodstuff
or waste material upon any street, alley, vehicle, waterway, beach,
park, sidewalk or other public or private place within the Village,
or allow the accumulation of debris or waste material upon any premises
other than in designated trash receptacles.
[Code 1993, § 9.14]
(a)
Imposed. No minor person under the age of 18 years shall loiter,
idle, wander, play or otherwise be upon the streets, alleys, highways,
roads, sidewalks, parks, playgrounds, public grounds or vacant lots,
either on foot or in or on a vehicle of any nature, in the Village
between the hours of 11:00 p.m. and 5:00 a.m. on Sunday — Thursday,
and between the hours of 12:00 midnight and 5:00 a.m. on Friday and
Saturday, unless such minor is accompanied by either of his parents,
his guardian or other person having the legal custody of such minor,
is engaged in interstate travel or on the sidewalk in front of the
residence of the minor as allowed by law.
(b)
Exceptions.
(1)
The curfew imposed in Subsection (a) of this section does not
apply to minors who are returning home from functions authorized by
schools, churches or other civic organizations, provided such minors
take the shortest and most direct route and as fast as reasonably
possible under the circumstances.
(2)
This section does not apply to minors whose employment makes
it necessary to be upon such public streets, alleys, highways, roads,
sidewalks, parks, playgrounds or other public places in the time restricted,
but in such event, such minors must carry a pass issued by the superintendent
of police and they must use the shortest and most direct route going
to the place of employment from the minor's home and returning home
from such place of employment.
(c)
Parental responsibility. No parent, guardian or other person having legal custody of any minor person under the age of 18 years shall knowingly permit such minor to loiter, idle, wander, play or otherwise be, either on foot or on or in a vehicle of any nature, upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds or vacant lots between the hours and days specified in Subsection (a) of this section, unless such minor is:
(d)
Violations; penalties. Any minor under the age of 18 years who shall
violate any of the provisions of this section shall be dealt with
in accordance with Wis. Stats. Ch. 48.
[Code 1993, § 4.15; Ord. No. 13-2004, § 9.15, 12-13-2004]
The owner of any property within the Village which is not zoned commercial, pursuant to Chapter 90 of this Code, may conduct no more than three rummage or garage sales, during any calendar year, on premises owned by the seller, and any such sale shall be limited to a period of not more than 72 consecutive hours within any one week. A week shall be deemed to commence on any Monday.
[Code 1993, § 9.17]
Definitions. The following words, terms and phrases, when used
in this section, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
As defined in Wis. Stats. § 944.21, is adopted
by reference in this section as if fully set forth in this section,
and shall apply to this section.
[Code 1993, § 9.18]
No person shall set up for operation, maintain, keep, permit
or engage in any race or contest of speed in the Village which race
or contest employs therein any vehicle or animal, other than human
beings.
[Code 1993, § 9.19]
(a)
CLAIRVOYANT
FAKERS, OTHER
FORTUNE TELLER
PALMIST
PHRENOLOGIST
READER, CHARACTER
READER, MYSTIC
READER, SPIRITUAL
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any person who shall assume preternatural knowledge in a
trance or similar unconsciousness and thereby pretend to foretell
the future of others.
All other readers or interpreters, by whatever name called,
who pretend or purport to reveal the past or foretell the future or
destiny of others or any person giving, or offering to give, personal
advice because of any pretended skill, power or ability based upon
any of the practices set forth in this section.
Any person who pretends to reveal the past or future of others.
Any person who attempts to foretell the future of others
by purporting to read the marks or other appearances of the hand or
arm.
Any person who attempts to give information to others to
the effect that the faculties of the mind or of character are manifested
through special organs or formations of the body, or are in separate
portions of the head, brain or other parts of the body, whether or
not such person attempts to foretell the future of others.
(See the definition of the term Reader, spiritual.)
Any person who professes direct or indirect divine or similar
illumination or relies chiefly upon meditation in acquiring pretended
facts as to the past or future of others.
Any person who pretends to read the character of others or
foretell their future by pretending to read or understand the soul
or spirit of others.
(b)
Purpose. This section and the provisions contained in this section
are made necessary by the fraudulent schemes and practices employed
by the persons particularly named in this section upon the people
of the Village, and regulation of such businesses by license or permit
would not prevent such fraud; therefore, such businesses are prohibited
in the Village.
(c)
Prohibited. No person shall engage in the practice or business, or
pretended business, of fortune teller, palmist, mystic reader, spiritual
and character reader, clairvoyant, phrenologist or other faker, or
in any other pretended science by which such person accepts or obtains
any fee or other consideration from the patron.
[Code 1993, § 9.22]
(a)
The owner of any residentially zoned property in the Village, pursuant to Chapter 90 of this Code, may permit no more than a total of three motor vehicles to be offered or exposed for sale on such property during any calendar year.
(b)
No person shall offer or expose for sale a motor vehicle on residentially
zoned property without the written permission of the owner of such
property.
(c)
No person shall, during any calendar year, offer or expose for sale
a motor vehicle on residentially zoned property on which three motor
vehicles have been offered or exposed for sale during that calendar
year.
(d)
The owner of any residentially zoned property in the Village, pursuant to Chapter 90 of this Code, may permit no more than four motor vehicles to be repaired on such property during any calendar year.
(e)
No person shall repair a motor vehicle on residentially zoned property
without the written permission of the owner of such property.
(f)
No person shall, during any calendar year, repair a motor vehicle
on residentially zoned property on which four motor vehicles have
been repaired during that calendar year.
(g)
For the purposes of this section, the term "motor vehicle" shall
have the definition given by Wis. Stats. § 340.01(35).
[Code 1993, § 9.23]
(a)
HABITUAL TRUANT
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A pupil who is absent from school, without an acceptable
excuse under Wis. Stats. § 118.16(1)(a), for either part
or all of five or more days out of 10 consecutive days on which school
is held during the school semester, or part or all of 10 or more days
on which school is held during a school semester.
(b)
If a person is found guilty of habitual truancy under this section,
the municipal court may impose any one or more of the dispositions
provided for in Wis. Stats. § 118.163(2).
[Code 1993, § 9.25]
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a forfeiture as provided in § 1-15.
[Code 1993, § 9.29.288 — 9.961.575(2)]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-15 of this Code of Ordinances. The offenses include, but are not limited to, the following:
|
125.07(4)(a)
|
Underage Drinking Violations-Procedures or Attempts to Procure
|
|
125.07(4)(b)
|
Underage Drinking Violations-Possesses or Consumes
|
|
125.085(3)(b)
|
Identification Card Violations
|
|
125.09(2)
|
School Related Possession of Alcohol Beverages
|
|
134.71(1)
|
Violations by Secondhand Dealers
|
|
167.32
|
Body Passing, Object Passing or Bringing Alcohol into a Sports
Facility
|
|
175.25
|
Illegal Storage of Junked Vehicles
|
|
285.30(6)
|
Pollution by Motor Vehicle/Tampering with Pollution Control
System
|
|
939.05
|
Parties to Crime
|
|
939.22
|
Words and Phrases Defined
|
|
939.32
|
Attempt
|
|
940.19(1)
|
Battery
|
|
941.01
|
Negligent Operation of Vehicle (Off Roadway)
|
|
941.10
|
Negligent Handling of Burning Material
|
|
941.12(2), (3)
|
Interfering with Fire Fighting
|
|
941.13
|
False Alarms
|
|
941.20(1)
|
Reckless Use of Weapons
|
|
941.23
|
Carrying Concealed Weapon
|
|
941.24
|
Possession of Switchblade Knife
|
|
942.10
|
Privacy Protected
|
|
943.01(1)
|
Criminal Damage to Property (Less Than $1,000)
|
|
943.07(1)(3)
|
Criminal Damage to Railroad
|
|
943.07(4)
|
Intentionally Depositing Debris on Railroad
|
|
943.11
|
Entry Into Locked Vehicle
|
|
943.125
|
Entry Into Locked Coin Box
|
|
943.13
|
Trespass to Land
|
|
943.14
|
Criminal Trespass to Dwelling
|
|
943.20
|
Theft ($2,500 or Less)
|
|
943.21
|
Fraud on Hotel or Restaurant Keeper ($2,500 or Less)
|
|
943.22
|
Use of Cheating Tokens
|
|
943.23(2)
|
Operate Auto Without Owner's Consent
|
|
943.24
|
Issue of Worthless Checks (Less Than $2,500)
|
|
943.34(1)
|
Receiving Stolen Property, Value Less Than $2,500
|
|
943.37
|
Alteration of Property Identification Marks
|
|
943.41(2), (3)(a) — (d), or (4)(b)
|
Credit Card Crimes Value Less than $2,500
|
|
943.50
|
Retail Theft (Shoplifting)
|
|
944.15
|
Fornication
|
|
944.17
|
Sexual Gratification
|
|
944.20
|
Lewd and Lascivious Behavior
|
|
944.30
|
Prostitution
|
|
944.31
|
Patronizing Prostitutes
|
|
944.33(1)
|
Pandering
|
|
944.36
|
Solicitations Prohibited
|
|
945.01
|
Definitions Relating to Gambling
|
|
945.02
|
Gambling
|
|
945.04
|
Permitting Promises to be Used for Commercial Gambling
|
|
946.06
|
Improper Use of Flag
|
|
946.32
|
False Swearing
|
|
946.40
|
Refusing to Aid Officer
|
|
946.41
|
Resisting or Obstructing Officer
|
|
946.42(1)
|
Escape
|
|
946.69
|
Falsely Assuming to Act as a Public Officer
|
|
946.70
|
Inpersonating Peace Officer
|
|
946.72(2)
|
Tampering with Public Records and Notices
|
|
947.01
|
Disorderly Conduct
|
|
947.012
|
Unlawful Use of Telephone
|
|
947.013
|
Harass or Intimidate Another Person Intentionally
|
|
947.06
|
Unlawful Assemblies
|
|
948.51
|
Hazing
|
|
951.01 — 951.15
|
Crimes Against Animals
|
|
961.41(2d)
|
Unlawful Manufacture/Delivery of controlled Substance
|
|
961.41(3g)
|
Possession of Marijuana
|
|
961.41(4)
|
Imitation Controlled Substance
|
|
961.573(2)
|
Possession of Drug Paraphernalia
|
|
961.574(2)
|
Manufacture/Delivery of Drug Paraphernalia
|
|
961.575(2)
|
Delivery of Drug Paraphernalia to a Minor
|
[Amended 1-13-2014 by Ord. No. 02-2014; 7-31-2017 by Ord. No. 06-2017]
(a)
Findings and intent.
(1)
Findings. Sex offenders, including sex offenders who use physical
violence or the threat thereof and sex offenders who prey on children
are sex predators who present a serious threat to the public safety.
It is further believed that such persons present an alarmingly high
risk of re-offending once released. Sex offenders are extremely likely
to use physical violence when they offend; and most sex offenders
commit multiple offenses, have more victims that are never 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 from it. Because reducing both opportunity
and temptation will minimize the risk of re-offense for those Sex
Offenders who will re-commit sex offenses against children, there
is a compelling need to separate Sex Offenders from places where children
congregate or play in public places.
(2)
Intent. This Ordinance is a regulatory measure aimed at protecting
the health and safety of children in the Village from the risk that
convicted sex offenders may reoffend in locations close to their residence.
The Village establishes these regulations in order to provide protection
to children in the Village by minimizing immediate access and proximity
to children and thereby reducing opportunity and temptation for recidivism.
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
Residency. It is expressly not the intent of the Village Board to
impose additional punishment on Sex Offenders.
(b)
Definitions. The following words, terms and phrases, when used in
this Ordinance, shall have the meanings ascribed to them in this section,
except when the context clearly indicates a different meaning.
(1)
CHILD or CHILDREN — A person who has not attained the
age of 18 years, for purposes of this Ordinance.
(2)
SEX OFFENDER — Any person who is or was required to register
under § 301.45, Wisconsin Statutes, for any sexual offense
against a child, or any person who is or was required to register
under § 301.45, Wisconsin Statutes, and who has been designated
a Special Bulletin (SBN) sex offender pursuant to § 301.46(2)
and (2m), Wisconsin Statutes.
(3)
MINOR — A person under the age of 18 years.
(4)
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.
(5)
CHILD SAFETY ZONE — An area within 1,250 feet of any 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 licensed pursuant to Wis.
Stats. § 48.65, or group home as defined in Wis. Stats.
§ 48.02(7), within the Village of Mount Pleasant.
(c)
Residence restriction, exceptions. No Sex Offender shall establish
or maintain a Residence within a Child Safety Zone, except under the
following circumstance:
(1)
It is specifically ordered that the Sex Offender reside within
a Child Safety Zone by a circuit court having competent jurisdiction.
(2)
The Sex Offender established the Residence within 1,250 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 as defined
in Wis. Stats. § 48.02(7); reported and registered the Residence
pursuant to Wis. Stats. § 301.45 before the effective date
of this ordinance, that being January 23, 2014.
(3)
The person is excepted from sex-offender registration pursuant
to Wis. Stats. § 301.45(1m).
(4)
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 exists first existed after
the Sex Offender established Residence and reported and registered
the Residence pursuant to Wis. Stats. § 301.45.
(5)
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.
(6)
The Sex Offender is a Minor or ward under guardianship and is
residing with his or her parent or guardian. In such cases involving
a Minor or ward placed in accordance with this exception, when the
Minor or ward turns 18 years of age, the Minor or ward shall be allowed
to continue to reside at the already established residence.
(d)
Measurement of distances. The boundaries of the Child Safety Zone
shall be determined by measuring from the outer property boundary
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 as defined in (b)(5), along the shortest line to the outer property
boundary of a Sex Offender's Residence. If any portion of a property
is within a Child Safety Zone, then the entire property shall be deemed
within the Child Safety Zone.
(e)
Maps. A map depicting the above-enumerated uses and the resulting
residency restriction distances shall be adopted by Resolution of
the Village Board, and which map may be amended from time to time,
is on file in the Office of the Village Clerk for public inspection.
(f)
Notification. A Sex Offender must notify the Police Department a
minimum of 28 days prior to establishing a Residence within the Village
of Mount Pleasant.
(g)
Property owners prohibited from renting real property to certain sexual offenders and sexual predators. It shall be unlawful for any property owner to lease or rent any place, structure, mobile home, trailer or any part thereof, with the knowledge that it will be used as a Residence by any person prohibited from establishing a Residence therein pursuant to this Ordinance, if such place, structure, or mobile home, trailer or any part thereof, is located within a Child Safety Zone as defined in § 54-20(b)(5).
(h)
Public nuisance. Any violation of this Chapter shall be deemed a public nuisance affecting peace and safety, and the Village may proceed under Chapter 62 of the Code of Ordinances and/or Chapter 823 of the Wisconsin Statutes to abate the nuisance.
(i)
Injunction for violation of residence restrictions. If an offender establishes a Residence in violation of Subsection (c) above, the Chief of Police may refer the matter to the Village Attorney. The referral shall include a written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose and intent of this Ordinance, such violation interferes substantially with the comfortable enjoyment of life, health, and safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in Circuit Court to permanently enjoin such residence as a public nuisance.
(j)
Severability. Should any section, paragraph, sentence, clause or
phrase of this section be declared unconstitutional or invalid, or
be repealed, it shall not affect the validity of this Ordinance as
a whole, or any part thereof, other than the part so declared to be
invalid or repealed.
(k)
Appeal for an exemption.
(1)
A Sex Offender may seek an exemption from this § 54-20 by appealing to the sex offender residency board (the "Appeals Board").
(2)
The Appeals Board shall consist of three citizens and one alternate
who are residents of the Village. For the initial appointments to
the Appeals Board, the Village President shall appoint three members
to staggered terms of one, two or three years, subject to confirmation
by the Village Board and one alternate to a term of three years. After
the initial appointment of members to a term of one, two and three
years respectively, the Village President shall annually, between
the last Monday of April and the first Monday of May, appoint one
member for a term of three years and one alternate for a term of three
years every third year, subject to confirmation by the Village Board.
At the first meeting held of the Appeals Board after the first Monday
of May of each year, the members of the Appeals Board shall vote by
majority to select a chair for its meetings and appeal that come before
it.
(3)
The Appeals Board shall approve of an official appeal form,
establish filing procedures, a hearing schedule and deadlines for
filing an appeal. A Sex Offender seeking an exemption shall complete
this official form and submit it to the Village Clerk, who shall forward
it to the Appeals Board Notice in the form of an agenda shall be posted
and/or published as required by law and provided to the Appeals Board.
(4)
The Village elects not to be bound by Chapter 68 of Wisconsin
Statutes with respect to administrative procedure in the appeal process.
The Appeals Board shall hold a hearing on each appeal to conduct an
individual risk assessment in each case, during which the Appeals
Board may review any pertinent information and may accept oral and
written statements from any person. The Sex Offender that filed the
appeal shall appear at any hearing held, unless otherwise approved
by the Appeals Board. The Appeals Board shall consider the public
interest as well as the applicant's presentation and concerns, giving
the applicant a reasonable opportunity to be heard. The Appeals Board
shall also consider any oral, e-mailed, and written statements from
any person at the hearing or received in advance of the hearing. The
Appeals Board shall consider the specific facts and circumstances
of each applicant and determine whether the Sex Offender presents
a threat to public safety if he or she resides at that proposed location.
The Appeals Board shall consider factors which may include, but are
not limited to, the following:
a.
Circumstances surrounding the offense.
b.
Relationship of offender and victim.
c.
Presence or use of force.
d.
Presence of enticement.
e.
Need to protect victim or similarly situated individuals.
f.
Current dangerousness of the offender.
g.
Proximity in time from original offense.
h.
Any criminal offenses, ordinance or rule violations committed
since original offense including failures to register or comply with
restrictions set by a bond, parole or probation.
i.
Time out of incarceration.
j.
Current supervision status by the Department of Corrections.
k.
Counseling and treatment history.
l.
Credibility of offender.
m.
Remorse.
n.
Proximity of proposed residence to a child safety zone.
o.
Support network of offender near proposed residence.
p.
Alternative options for housing.
(5)
The Appeals Board shall decide by majority vote whether to grant
or deny an exemption. An exemption may be unconditional or be conditional
to a certain address or period of time. In the case of an approval
or denial, the Appeals Board shall provide a written copy of the decision
containing the reasons therein for its decision to the Village Prosecutor
and to the Sex Offender. The decision of the Appeals Board may be
appealed to the Racine County Circuit Court by any aggrieved party
within 30 days of filing of the final decision in the Village Clerk's
office, a copy of which shall be mailed to the Sex Offender who appealed.
The review shall be a review by certiorari and the Circuit Court may
affirm or reverse the final decision, or remand to the decision maker
for further proceedings consistent with the court's decision.
(l)
Penalties. Any Person who violates any provision of this section
shall, upon conviction thereof, be subject to a forfeiture not to
exceed $500, together with the costs of prosecution, and in default
of payment thereof, shall be committed to the County Jail for a period
not to exceed 90 days. Each violation and each day such violation
continues shall be considered a separate offense. Neither the issuance
of a citation nor the imposition of forfeiture hereunder shall preclude
the Village from seeking or obtaining any or all other legal and equitable
remedies to prevent or remove a violation of this Chapter.
[Amended 1-13-2014 by Ord. No. 02-2014; 7-31-2017 by Ord. No. 06-2017]
(a)
Findings and Intent.
(1)
Findings. Repeat sex offenders, sex offenders who use physical
violence or the threat thereof, and sex offenders who prey on children
are sex predators who present a serious threat to the public safety.
Sex offenders are extremely likely to use physical violence when they
offend, and most sex offenders commit multiple offenses, have more
victims that are never 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 from
it.
Because reducing both opportunity and temptation will minimize
the risk of re-offense for those Sex Offenders who will re-commit
sex offenses against children, there is a compelling need to separate
Sex Offenders from places where children congregate or play in public
places.
(2)
Intent. 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 Residency. It is not the intent of the
Village Board to impose additional punishment on Sex Offenders.
(b)
SEX OFFENDER
Definitions. The following words, terms and phrases, when used in
this Ordinance, shall have the meanings ascribed to them in this section,
except when the context clearly indicates a different meaning:
Shall have the same meaning as specified in § 54-20(b)(2) of this Code of Ordinances.
(c)
Prohibited activity. It is unlawful for any Sex Offender to participate
in a holiday event involving children under 18 years of age. Holiday
events in which the offender is the parent or guardian of the children
involved, and no non-familial children are present, are exempt from
this section. Participation is defined as actively taking part in
the event and shall include, but is not limited to, distributing candy
or other items to children on Halloween, wearing a Santa Claus costume
on or preceding Christmas, or wearing an Easter Bunny costume on or
preceding Easter.
(d)
Severability. Should any section, paragraph, sentence, clause or
phrase of this section be declared unconstitutional or invalid, or
be repealed, it shall not affect the validity of this Ordinance as
a whole, or any part thereof, other than the part so declared to be
invalid or repealed.
(e)
Penalties. Any person who violates any provision of this section
shall, upon conviction thereof, be subject to a forfeiture not to
exceed $500, together with the costs of prosecution, and in default
of payment thereof, shall be committed to the County Jail for a period
not to exceed 90 days. Each violation and each day such violation
continues shall be considered a separate offense.
