[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as Ch. 27 of the 2011 Code; amended in its entirety 9-18-2017 by Ord. No. 2017-8. Subsequent amendments noted where applicable.]
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.
G.
This chapter will not apply to sexually violent persons, as defined
in § 980.01(7), Wis. Stats., because those persons are controlled
under the regulations of Ch. 980, Wis. Stats.
As used in this chapter and unless the context otherwise requires,
the following terms shall have the meanings indicated:
A person under the age of 18.
The site upon which any of the following are located:
A public park, parkway, parkland, or park facility.
A public beach.
A public library.
A recreational trail.
A public playground.
A school for children.
Athletic fields used by children.
A day-care center.
A tutoring facility.
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school.
Any facility for children [which means a public or private school
or a group home, as defined in § 48.02(7), Wis. Stats.;
a residential care center for children and youth, as defined in § 48.02(15d),
Wis. Stats.; a shelter care facility, as defined in § 48.02(17),
Wis. Stats.; a foster home, as defined in § 48.02(6), Wis.
Stats.; a treatment foster home, as defined in § 48.02(17q),[1] Wis. Stats.; a day-care center licensed under § 48.65,
Wis. Stats.; a day-care program established under § 120.13(14),
Wis. Stats.; a day-care provider certified under § 48.651,
Wis. Stats.; or a youth center, as defined in § 961.01(22),
Wis. Stats.].
Any place within the Village that is physically located within
1,500 feet of any child safety location.
Any of the 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, respectively:
|
Wisconsin Statute Section
| |
|---|---|
|
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 a child to harmful material or harmful descriptions
or narrations - felony sections
|
|
948.12
|
Possession of child pornography
|
|
948.13
|
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 - of an included offense
|
|
975.06
|
Sex Crimes Law commitment
|
A structure where a person sleeps, which may include more
than one location and may be mobile or transitory.
A person who has been convicted of or has been found delinquent
of or has been found not guilty by reason of disease or mental defect
of a sexually violent offense and/or a crime against children.
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
[1]
Editor's Note: This provision was repealed by 2009 Act 28.
A person residing within a child safety zone does not commit
a violation of this chapter if any of the following apply:
A.
During a person's incarceration, if the person is required to serve
a sentence at a jail, prison, juvenile facility, or other correctional
institution or facility.
B.
The person is a minor or ward under guardianship.
C.
The person established a residence prior to the effective date of
this chapter which is within a child safety zone.
D.
The applicable enumerated use identified in § 299-2, in the definition of "child safety location," above, is newly established after the effective date of this chapter and it is located within such 1,500 feet of a residence of a person which was established prior to the newly established enumerated use.
A.
It is unlawful for a sex offender to actively take part in any public
holiday event involving children under 18 years of age where the distributing
of candy or other items to children takes place, including but not
limited to holiday parades or similar gatherings, Halloween trick-or-treating,
wearing a Santa Claus costume in a public place in relationship to
Christmas, wearing an Easter Bunny costume in a public place in relationship
to Easter, or wearing any other costume reasonably expected to attract
children in a public place, or other similar activities that may,
under the circumstances then present, tend to entice a child to have
contact with a sex offender.
B.
Exception. This section does not apply to any event in which the
sex offender is the parent or guardian of the child(ren) involved,
and the sex offender's child(ren) are the only child(ren) present.
A.
It shall be unlawful for any sex offender, as defined in § 299-2, above, to loiter or prowl within a child safety zone at a time or in a manner not usual for law-abiding individuals and under circumstances that warrant alarm for the safety of children in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object.
B.
Unless flight by an actor or other circumstances make it impractical,
a law enforcement officer shall, prior to any arrest for an offense
under this section, afford the actor an opportunity to dispel any
alarm which would otherwise be warranted by requesting him or her
to identify himself or herself or explain his or her presence and
conduct at the aforementioned locations. No person shall be convicted
of an offense under this section if the law enforcement officer did
not comply with the preceding sentence, or if it appears at trial
that the explanation given by the actor was true and, if believed
by law enforcement at the time, would have dispelled the alarm.
C.
An offender does not commit a violation of loitering in a child safety
zone as stated above and the enumerated uses may allow such person
on the property supporting such use if any of the following apply:
(1)
The property supporting an enumerated use also supports a church,
synagogue, mosque, temple or other house of religious worship (collectively
"church"), subject to the following conditions:
(a)
Entrance and presence upon the property occurs only during hours
of worship or other religious program/service as posted to the public;
(b)
Written advance notice is made from the person to an individual
in charge of the church, and approval from an individual in charge
of the church as designated by the church is made in return, of the
attendance by the person; and
(c)
The person shall not participate in any religious education
programs which include individuals under the age of 18.
(2)
The property supporting an enumerated use also supports a use lawfully
attended by a person's natural or adopted child(ren), which child's
use reasonably requires the attendance of the person as the child's
parent upon the property, subject to the following conditions:
(a)
Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
(b)
Written advance notice is made from the person to an individual
in charge of the use upon the property, and approval from an individual
in charge of the use upon the property as designated by the owner
of the use upon the property is made in return, of the attendance
by the person.
(3)
The property supporting an enumerated use also supports a polling
location in a local, state or federal election, subject to the following
conditions:
(a)
The person is eligible to vote;
(b)
The designated polling place for the person is an enumerated
use; and
(c)
The person enters the polling place property and proceeds to
cast a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the person vacates the property
immediately after voting.
(4)
The property supporting an enumerated use also supports an elementary
or secondary school lawfully attended by a person as a student, under
which circumstances the person who is a student may enter upon that
property supporting the school at which the person is enrolled, as
is reasonably required for the educational purposes of the school.
The Village Clerk's office shall maintain an official map showing
the child safety zones within the Village. The Village Clerk's office
shall update the map at least annually to reflect any changes in the
location of child safety zones. The map is to be displayed in the
office of the Village Clerk. In the event of a conflict, the terms
of this chapter shall control. In no event shall a failure to update
the map in compliance with this section preclude the prosecution or
conviction of any sex offender under this chapter.
A.
Any violation of this chapter shall be subject to the general penalty provisions set forth in § 1-4 of this Code. Each day of each violation shall constitute a separate offense.
B.
Violation of this chapter shall constitute a public nuisance which,
in addition to monetary forfeitures, shall be subject to action by
the Village to abate and enjoin such nuisance.
C.
If a person violates any residency provision of this chapter, without
any applicable exceptions set forth in this chapter, the Village Attorney,
upon referral from the Chief of Police and the written determination
by the Chief of Police that upon all of the facts and circumstances
and the purpose of this chapter such residence occupancy presents
an activity or use of property that interferes substantially with
the comfortable enjoyment of life, health or safety of another or
others, shall bring an action in the name of the Village in the Circuit
Court for Walworth County to permanently enjoin such residency as
a public nuisance.
The above restrictions in this chapter may be waived upon approval
of the Village of Williams Bay Village Board through appeal by the
affected party if clear and convincing evidence can be provided which
shows the affected party has a substantially reduced risk of re-offending
when compared to other sexual offenders and that an undue hardship
would fall on the affected party if no waiver is provided. Such appeal
shall be made to the Village Clerk's office, which shall forward the
request to the Village Board President, who shall receive reports
from the Police Department on such appeal. The Village Board shall
convene and consider the public interest, risk to the public, as well
as the affected party's presentation and concerns. After deliberation,
the Village Board shall forward its decision in writing to the Police
Department for its information and action. A written copy of the decision
shall be provided to the affected party.
