[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 9, Ch. 9, of the 1981 Code). Amendments noted where
applicable.]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
|
Wisconsin Statute
|
Crime
|
|---|---|
|
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 minor and not the offender's
child
|
|
940.31
|
Kidnapping; victim was 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 child by a school staff person or a person
who works or volunteers with children
|
|
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
|
Commitment of persons found not guilty by reason of mental disease
or mental defect
|
|
975.06
|
Sex crimes law commitment
|
- 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.
- OFFENDER
- 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.
A.
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.
B.
Exemptions. An offender does not commit a violation of this chapter
if any of the following apply:
(1)
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.
(2)
The offender has established a residence prior to the effective date
of this chapter.
(3)
The offender is a minor or ward under guardianship.
(4)
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.
