[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 9, Ch. 9, of the 1981 Code). Amendments noted where applicable.]
The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community.
Chapter 980, Wis. Stats., provides for the civil commitment of sexually violent persons, a more dangerous type of sex offender due to their likelihood to reoffend, and specifically, in § 980.08, Wis. Stats., provides for the supervised release of such persons into the community.
The City of Two Rivers places a high priority on maintaining public safety through highly skilled and trained law enforcement and laws that deter and punish criminal behavior.
The City finds 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 rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and, as reducing opportunity and temptation is important to minimizing the risk of reoffense, 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 and day-care centers. The City finds that, in addition to schools and day-care centers, children congregate or play in a number of public places, including public parks and houses of worship.
This chapter is a regulatory measure aimed at limiting those sex offenders placed in the City to individuals who have previously resided in the City or have immediate family residing in the City, as addressed herein.
Further, this chapter is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that convicted sex offenders may reoffend following placement in the community. It is the purpose of this chapter not to impose a criminal penalty but rather to serve the City's compelling interest in promoting, protecting and improving the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering or prowling.
As used in this chapter, and unless the context requires otherwise:
- 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, where the victim is under the age of 18, respectively:
- FACILITY FOR CHILDREN
- A public or private primary or secondary school; a church, synagogue, or house of worship as zoned by the City; a group home, as defined in § 48.02(7), Wis. Stats.; a residential care center for children or 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 program established under § 120.13(14), Wis. Stats.; or a day-care provider certified under § 48.651, Wis. Stats.
- A person who has been convicted of or who has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or crime against children, who was tried as an adult; or who was deemed an offender under Ch. 980, Wis. Stats.
- PERMANENT RESIDENCE
- The place where a person sleeps, abides, lodges or resides for 14 or more consecutive days or which qualifies as a residence under the laws of the State of Wisconsin, and may be mobile or transitory.
- SEXUALLY VIOLENT OFFENSE
- Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.
- TEMPORARY RESIDENCE
- Residence or premises meeting any of the following criteria:
- A. 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, and which is not that person's permanent residence as defined in this section;
- B. A place where the person routinely sleeps, abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month, and which is not that person's permanent residence as defined in this section; or
- C. A place where a person sleeps, or which qualifies as a temporary residence under the holdings of the Wisconsin Supreme Court, and which may include more than one location, and may be mobile or transitory.
Residency prohibited. No offender who has ever been ruled a sexually violent offender by a petition filed under Ch. 980, Wis. Stats., or any offender who has been convicted of a crime against children as defined in § 9-9-2 shall be permitted to reside in the City, and no supervised release of such offender shall be established in the City, unless the offender was domiciled in the City at the time of an offense resulting in such conviction or the person previously resided in the City for a continuous period of at least two years.
Exemptions. An offender does not commit a violation of this chapter if any of the following apply:
The offender is required to serve a sentence or is otherwise involuntarily required to reside in a jail, prison, juvenile facility, or other correctional institution or mental facility located in the City of Two Rivers.
The offender has established a residence prior to the effective date of this chapter.
The offender is a minor or ward under guardianship.
The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or child, provided that such parent, grandparent, sibling, spouse, or child established the residence at least two years before the designated offender established residence at the location.
It is unlawful for an offender, as defined by § 9-9-2, to loiter or prowl, as said words are used in § 9-2-4 of this Code, within 500 feet of real property that supports or upon which there exists a facility for children, a public park, a public swimming pool, a public library, or a public recreational trail.
The residency restrictions of this chapter may be waived upon approval of the City Council through an appeal by the affected offender. Such appeal shall be made, in writing, to the City Clerk, who shall forward the request to the City Manager and the Chief of Police. The Chief of Police shall forward a report on the appeal request to the City Council. The City Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected offender or their counsel. After deliberation, the City Council shall act on the recommendation. A written copy of the decision shall be provided to the affected offender by the City Clerk. The City Council may reject a waiver request when the request is filed with the City Clerk within 90 days of denial by the committee of a prior identical waiver request of the requester, absent a change in circumstances.
Any person found guilty of violating this chapter shall be penalized by forfeiture not less than $100 and not to exceed $1,000. Each day an offender maintains a residence in violation of this chapter constitutes a separate violation. The City may also seek equitable relief.
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.