A.
The Wisconsin legislature has provided for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community.
B.
The United States Supreme Court has recognized that the risk of recidivism posed by sex offenders is high, and 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. See Smith v. Doe, 538 US 84, 123 S.Ct. 1140, 155 L.Ed. 2d 164 (2003) and McKune v. Lile, 536 US 24, 34, 122 S.Ct. 2017, 153 L.Ed.2d 47 (2002), citing United States Department of Justice Bureau of Justice Statistics, Sex Offenses and Offenders, 27 (1997) U.S. Department of Justice Bureau of Justice Statistics Recidivism of Prisoners Released in 1983 (1997).
C.
The Eighth District has found that up to 2,000-foot restriction on the residence of sex offenders is reasonable given that reducing the frequency of contact between sex offenders and children is likely to reduce temptation and opportunity, which in turn is important to reducing the risk of harm to children. See Doe v. Miller, 405 F.3d 700 (8th Cir. 2005).
D.
The Village of Williams Bay Board finds that the negative consequences of failing to regulate the movement and residency of sex offenders is a hazard to children and the community. Thus, the Village of Williams Bay has a duty and need to regulate where sex offenders reside and loiter within the Village once they are reintegrated into the community. This chapter is a regulatory measure aimed at protecting the health and safety of the children in the Village of Williams Bay from the risk that convicted sex offenders may reoffend in locations close to their residences. It is the intent of this chapter not to impose a criminal penalty but rather to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the Village by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing residence or loitering; and by regulating certain activities that may be used by sexual offenders to prey on children.
E.
The Village of Williams Bay finds and declares 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 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 near schools, day-care centers and other places children frequent. The Village finds and declares that in addition to schools and day-care centers, children congregate or play at public parks.
F.
The Village Board notes that § 61.34, Wis. Stats., authorizes the Village Board to enact legislation for the health, safety and welfare of the public. In addition, § 61.34(5), Wis. Stats., notes that the powers, rights and privileges accorded villages under said section are to be liberally construed in order to promote the general welfare, peace, good order and prosperity of the Village.