The Village finds and declares that sex offenders are a serious
threat to public safety. When convicted sex offenders re-enter society,
they are much more likely than any other type of offender to be re-arrested
for a new sexually based crime. Given the high rate of recidivism
for sex offenders, and that reducing opportunity and temptation is
important to minimizing the risk of re-offense, there is a need to
protect children where they congregate or play in public places in
addition to the protections afforded by state law. The Village finds
and declares that, in addition to schools and day-care centers, children
congregate or play in a number of public places, including public
parks and other facilities for children. It is the intent of this
chapter to serve the Village's compelling interest to promote, protect,
and improve the health, safety, and welfare of Village citizens by
creating areas around locations where children regularly congregate
in concentrated numbers wherein certain sexual offenders are prohibited
from entering or establishing residency. The Village Board has closely
considered this question and has made numerous findings and expressions
of intent within the preamble to the ordinance which adopts this chapter which are incorporated herein
by reference.
As used in this chapter, the following terms shall have the
meanings indicated:
RESIDENCE
A place where a person sleeps, abides, lodges, or resides
either on a permanent or temporary basis. For purposes of this chapter,
a "permanent residence" means a place where the person sleeps, abides,
lodges, or resides for 14 or more consecutive days, and a "temporary
residence" means a place that is not a permanent residence and is
a place where the person sleeps, abides, lodges or resides for a period
of 14 or more days in the aggregate during any calendar year or four
or more days in any month. A residence may be mobile or transitory.
SAFETY ZONE
Any real property that supports or upon which there exists
any facility used for or that supports a school for children, a public
park, park facility, pathway or a day-care center.
SEX OFFENDER
1.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
is subject to the special bulletin notification process set forth
in § 301.46(2) and (2m), Wis. Stats.;
2.
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
3.
Any person found not quilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the foregoing provisions of this chapter, the
Village of Greendale hereby exempts and may not enforce any portion
thereof that restricts or prohibits a sex offender from residing at
a certain 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, Wis. Stats., 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, Wis. Stats.