[Added 4-27-2020]
A.
CHILD
OFFENDER
(1)
(2)
(3)
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A person under the age of 18 years.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, \Wis. Stats., and
who is subject to the Special Bulletin Notification process set forth
in § 301.46(2) and (2m), Wis. Stats.;
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
A place where a person abides, lodges, or resides for 14
or more consecutive days.
A place where a person abides, lodges, or resides for a period
of 14 or more days in the aggregate during any calendar year and which
is not the person's permanent address or place where the person routinely
abides, lodges or resides for a period of four or more consecutive
or nonconsecutive days in any month and is not the person's permanent
address.
B.
Residency
restriction.
(1)
Restriction.
An offender shall not establish a permanent or temporary residence
within 1,000 feet of any of the following, or any other place designated
by the Village as a place where children are known to congregate:
(a)
Private or public school from prekindergarten through 12th grade.
(b)
Public park, parkway, parkland, or nature preserve.
(c)
Public swimming pool or beach.
(d)
Recreational trail.
(e)
Public playground.
(f)
Public library.
(g)
Athletic field used by children.
(h)
Licensed day-care center, as defined in § 48.65, Wis. Stats.
(i)
Specialized school for children, including, but not limited to, a
gymnastics academy, dance academy, or music school.
(j)
Group home for children, as defined in § 48.02(7), Wis.
Stats.
(k)
Residential care center for children, as defined in § 48.02(15d),
Wis. Stats.
(2)
Measuring distance and map of restricted locations. For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the establishments listed above in Subsection B(1).
(3)
Exceptions. An offender residing within a prohibited area as described in Subsection B(1) does not commit a violation of this section if any of the following apply:
(a)
The offender is required to serve a confined sentence at a jail or
other correctional institution, or facility located within a prohibited
area.
(b)
The offender established a permanent or temporary residence and reported
and registered the residence pursuant to § 301.45, Wis.
Stats., before the effective date of this section. Once said offender
no longer resides in the restricted area, another convicted sex offender
may not establish residency in said residence in the restricted area.
(c)
The prohibited area described in Subsection B(1) that lies within 1,000 feet of the offender's permanent or temporary residence was opened after the offender established the permanent or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.
(d)
The offender is a minor or ward under guardianship.
(e)
The residence is also the primary residence of the person's spouse,
parents, grandparents, siblings, or children, provided that the spouse,
parents, grandparents, siblings, or children established the residence
at least two years before the designated offender established residence
at the location.
(4)
Property owners prohibited from renting real property to certain offenders. It is unlawful to let or rent any place, structure, or part thereof, with the knowledge that it will be used as a permanent or temporary residence by any offender prohibited from establishing such permanent or temporary residence pursuant to this section, if such place, structure, or part thereof is located within a prohibited area and not subject to an exception set forth in Subsection B(3) above.
(5)
Original domicile restriction. In addition to the restrictions in Subsection B(1) and (4) above, and subject to the exceptions in Subsection B(3) above, no designated offender shall be permitted to reside in the Village of Orfordville, unless such person was domiciled in the Village of Orfordville at the time of the offense resulting in such person's designation as an offender as defined in § 240-27A.
C.
Child
safety zones restriction.
(1)
Definition.
"Child safety zones" shall include any real property upon which there
exists any route, path, area, or facility used for or which supports
a use of the following, or any other place designated by the Village
as a place where children are known to congregate:
(a)
Private or public schools, from prekindergarten through 12th grade.
(b)
Public park, parkway, parkland, or nature preserve.
(c)
Public swimming pool or beach.
(d)
Recreational trail.
(e)
Public playground.
(f)
Public library.
(g)
Athletic field used by children.
(h)
Licensed day-care center, as defined in § 48.65, Wis. Stats.
(i)
Specialized school for children, including, but not limited to, a
gymnastics academy, dance academy, or music school.
(j)
Group home for children, as defined in § 48.02(7), Wis.
Stats.
(k)
Residential care center for children, as defined in § 48.02(15d),
Wis. Stats.
(2)
Restriction.
It shall be unlawful for any offender to loiter or prowl in any child
safety zone at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or
property 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 police officer, refuses to
identify himself, or manifestly endeavors to conceal himself or any
object. Unless flight by the actor or other circumstances make it
impracticable, a police officer shall, prior to any arrest for an
offense under this subsection, afford the actor an opportunity to
dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this subsection if the police
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 the police officer at the time, would have dispelled the
alarm.
(3)
Map
of restricted locations. The Police Department will maintain an official
map depicting the child safety zones as defined by this section and
shall update the map at least annually to reflect any changes in the
restricted locations.
(4)
Exceptions.
(a)
This section shall not apply where the offender was a minor accompanied
by and under the care of his or her parent, guardian or other adult
person having his or her care, custody or control, or where the offender
was exercising First Amendment rights protected by the United States
Constitution or Wisconsin Constitution, including freedom of speech,
the free exercise of religion, or the right of assembly.
(b)
This section shall not apply to any elementary or secondary school
lawfully attended by an offender enrolled as a student, as is reasonably
required for the educational purposes of the school.
(c)
This section shall not apply to any polling location in a local,
state, or federal election, subject to the following conditions:
[1]
The offender is eligible to vote.
[2]
The designated polling place for the offender is located in a designated
child safety zone.
[3]
The offender enters the polling place, proceeds to cast a ballot
with whatever usual and customary assistance is provided to any member
of the electorate, and vacates the property immediately after voting.
D.
Penalties. A person violating this section shall be subject to the penalties and forfeitures set forth in Chapter 1 of the Village Code, plus the costs of prosecution (including reasonable attorneys' fees). For purposes of calculating forfeitures, each day that a violation exists shall constitute a separate offense. Violations of this section are also deemed public nuisances, and the Village may bring an action in the Circuit Court of Rock County to enjoin or abate any such violation.
