As used in this chapter, and unless the context requires otherwise:
CRIMES 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
and involving a person under the age of 18 years, respectively:
A.
Wisconsin Statute Sections:
(1)
940.225(1): First Degree Sexual Assault.
(2)
940.225(2): Second Degree Sexual Assault.
(3)
940.225(3): Third Degree Sexual Assault.
(4)
940.22(2): Sexual Exploitation by Therapist.
(5)
940.30: False Imprisonment-victim was minor and not the offender's
child.
(6)
940.31: Kidnapping-victim was minor and not the offender's child.
(7)
944.01: Rape (prior statute).
(9)
944.10: Sexual Intercourse with a Child (prior statute).
(10)
944.11: Indecent Behavior with a Child (prior statute).
(11)
944.12: Enticing Child for Immoral Purposes (prior statute).
(12)
948.02(1): First Degree Sexual Assault of a Child.
(13)
948.02(2): Second Degree Sexual Assault of a Child.
(14)
948.025: Engaging in Repeated Acts of Sexual Assault of the
Same Child.
(15)
948.05: Sexual Exploitation of a Child.
(16)
948.055: Causing a Child to View or Listen to Sexual Activity.
(17)
948.06: Incest with a Child.
(18)
948.07: Child Enticement.
(19)
948.075: Use of a Computer to Facilitate a Child Sex Crime.
(20)
948.08: Soliciting a Child for Prostitution.
(21)
948.095: Sexual Assault of a Student by School Instructional
Staff.
(22)
948.11(2)(a) or (am): Exposing Child to Harmful Material-felony
sections.
(23)
948.12: Possession of Child Pornography.
(24)
948.13: Convicted Child Sex Offender Working with Children.
(25)
948.30: Abduction of Another's Child.
(26)
971.17: Not Guilty by Reason of Mental Disease-of an included
offense.
(27)
975.06: Sex Crimes Law Commitment.
FACILITY FOR CHILDREN
A public or private school or a group home, as defined in
Wis. Stats. § 48.02(7); a residential care center for children
and youth, as defined in Wis. Stats. § 48.02(15d); a shelter
facility center, as defined in Wis. Stats. § 48.02(17);
a day-care center licensed under Wis. Stats. § 48.65; a
day-care program established under Wis. Stats. § 120.13(14);
a day-care provider certified under Wis. Stats. § 48.651;
or a youth center, as defined in Wis. Stats. § 961.02(22).
OFFENDER
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.
PARK/CONSERVATION AREA
Any area held open for use by the public for active or passive
leisure purposes, including but not limited to any park, parkway,
recreation or open space area, beach, playground, conservation area,
lake access point or recreational trail. "Park/conservation area"
also means any private lake access point or private beach that owners
of two or more lots or condominium units are entitled use, pursuant
to a deed restriction, subdivision plat, condominium declaration,
condominium plat, homeowners' association regulation or similar rights
of common use.
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 holdings of the Wisconsin Supreme Court and which may include
more than one location, and may be mobile or transitory.
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.
It is unlawful for any offender to participate in a holiday
event involving children under 18 years of age by means of distributing
candy or other items to children on Halloween, wearing a Santa Claus
costume in a public place on or preceding Christmas, or wearing an
Easter Bunny costume in a public place on or preceding Easter, or
other similar activities that may, under the circumstances then present,
tend to entice a child to have contact with an offender. Holiday events
in which the offender is the parent or legal guardian of the children
involved and no nonfamilial children are present are exempt from this
section.
The City Planning Division shall maintain an official map showing locations identified in §
294-3 of this chapter. The Planning Division shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as "child safety zones." The map is to be displayed in the office of the City of Muskego City Clerk. In the event of a conflict, the terms of this chapter shall control.