[Amended 10-2-2019 by Ord. No. 2019-02]
A. No person, except a sheriff, police officer or their deputies, shall
fire or discharge any firearm, rifle, spring or air gun of any description,
or other dangerous apparatus, within the Village.
B. No person shall, in the territory adjacent to the Village, discharge
any firearm in such manner that the discharge shall enter or fall
within the Village.
C. The Village Board may designate ranges and areas for rifle, trap,
skeet, bow and arrow, or any other kind of shooting practice.
[Amended 8-7-2019 by Ord.
No. 2019-01]
A. Prohibition. No person, other than law enforcement officers with
official business, shall possess any firearm, explosive, knife, dagger,
pepper spray, electronic weapon, simulated firearm or any other dangerous
weapon with any building owned, leased, occupied, or controlled by
the Village of Wild Rose. This includes but is not limited to:
(1) Village of Wild Rose municipal buildings.
(2) Village of Wild Rose Community Center and Patterson Memorial Library.
(3) Village of Wild Rose shop buildings.
(4) Village of Wild Rose dam and building on site.
B. Violations subject to seizure. Any property possessed in violation
of this section is subject to immediate seizure and shall be returned
or disposed of in accordance with the procedures set forth in Wis.
Stats. § 968.20, using the definition of "dangerous weapon"
contained herein.
C. Effective. This section shall take effect upon passage and publication
as provided by law.
No person shall throw or shoot any object, arrow, stone, snowball,
incendiary or explosive devise, or other missile or projectile, by
hand or by any other means, at any person or at, in or into, any building,
home, street, sidewalk, alley, highway, park, playground, or other
public place within the Village. No person shall manufacture, fabricate,
carry, possess, sell, give or use any type of incendiary or explosive
device, or other device of a similar nature, within the Village. Exception:
The shooting of a bow and arrow can lawfully be done in the following
manner: the target itself must be able to stop an arrow completely,
and a backstop of at least eight feet by eight feet, also capable
of stopping an arrow completely, must be used; further, that the adjoining
property owners closest to the target are notified, in writing, once
a year before shooting begins.
Whoever of the following shall be subject to the penalty as
provided in this Code:
A. Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious, filthy or indecent;
B. Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
C. Makes or causes the telephone of another to repeatedly or continuously
ring, with intent to harass any person at the called number or numbers;
D. Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers;
E. Knowingly permits any telephone under his/her control to be used
for any purpose prohibited by this section;
F. In conspiracy or concerted action with other persons makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall stand, sit, loaf, loiter or engage in any sport,
or exercise on public street, bridge or public ground within the Village,
in such manner as to prevent or obstruct the free passage of pedestrian
or vehicular traffic thereon, or to prevent or hinder free ingress
or egress to or from any place of business or amusement, church, public
hall, or meeting place.
No person shall loiter or prowl in a place, 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 person takes flight upon
appearance of a police or peace officer, refuses to identify himself/herself,
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances make it impracticable,
a police or peace officer shall, prior to any arrest for an offense
under this section, afford the person an opportunity to dispel any
alarm which would otherwise be warranted, by requesting him/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this section if the
police or peace officer did not comply with the preceding sentence
or if it appears at trial that the explanation given by the person
was true and, if believed by the police or peace officer at the time,
would have dispelled the alarm.
[Added 9-6-2017; amended
at time of adoption of Code (see Ch. 1-2, Adoption of Code)]
A. Purpose and intent.
(1) The Village 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 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 Village finds and declares that, in addition
to schools and day-care centers, children congregate or play in a
number of public places, including public parks and other facilities
for children.
(2) This section is a regulatory measure aimed at protecting the health
and safety of children in the Village of Wild Rose from the risk that
convicted sex offenders may reoffend in locations close to their residences.
It is the intent of this section 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 temporary or
permanent residence; and by creating child safety zones where children
regularly congregate in concentrated numbers wherein access by certain
sexual offenders and sexual predators to such zones shall be restricted
or excluded.
B. Definitions. As used in this section and unless the context otherwise
requires:
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
and involving a person under the age of 18 years, respectively:
Wisconsin Statute Sections
|
As listed on the following pages
|
---|
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
|
944.06
|
Incest
|
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 Student by School Instructional Staff
|
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
|
Not Guilty by Reason of Mental Disease — of
an included offense
|
975.06
|
Sex Crimes Law Commitment
|
FACILITY FOR CHILDREN
A public or private school, a group home, as defined in § 48.02(7),
Wisconsin Statutes, a residential care center for children and youth,
as defined in § 48.02(15d), Wisconsin Statutes, a shelter
care facility, as defined in § 48.02(17), Wisconsin Statutes,
a child-care center licensed under § 48.65, Wisconsin Statutes,
a child-care program established under § 120.13(14), Wisconsin
Statutes, a child-care provider certified under § 48.651,
Wisconsin Statutes, or a youth center, as defined in § 961.01(22),
Wisconsin Statutes.
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.
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.
RECREATIONAL TRAIL
All parts and segments of the Village of Wild Rose designated
as a recreational trail.
SEXUALLY VIOLENT OFFENSE
Shall have the meaning as set forth in § 980.01(6),
Wisconsin Statutes, as amended from time to time.
TEMPORARY RESIDENCE
Residence or premises meeting any of the following criteria:
(1)
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;
(2)
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
(3)
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.
C. Residency restrictions.
(1) An offender shall not reside within 1,000 feet of real property that
supports or upon which there exists any of the following uses:
(a)
Any facility for children;
(b)
A public park, parkway, parkland, park facility;
(h)
Athletic fields used by children;
(j)
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school; or
(k)
Aquatic facilities open to the public.
(2) Measurement of distance. The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection
C(1) of this section.
(3) Residency restriction exceptions. An offender residing within 1,000 feet of real property that supports or upon which there exists any of the uses enumerated in Subsection
C(1) of this section does not commit a violation of this chapter if any of the following apply:
(a)
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.
(b)
The offender has established a residence prior to the effective
date of the ordinance codified in this chapter.
(c)
The use enumerated in Subsection
C(1) of this section began after the offender established a residence.
(d)
The offender is a minor or ward under guardianship.
(4) In addition to and notwithstanding the foregoing, but subject to Subsection
C(3) of this section, no person who has been convicted of a sexually violent offense and/or crime against children shall be permitted to reside in the Village of Wild Rose and no supervised release of such Wisconsin Statute Chapter 980 sexually violent person shall be established in the Village of Wild Rose unless such person was domiciled in the Village of Wild Rose at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
D. Loitering.
(1) It is unlawful for any person defined as an offender pursuant to §
9-2-19B to loiter or prowl in the locations enumerated in §
9-2-19C(1) in a place, at a time, or a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(2) 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 peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstances make it impracticable, a peace 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/her to identify himself/herself and explain his/her presence and conduct at the locations enumerated in §
9-2-19C(1). No person shall be convicted of an offense under this section if the peace 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 peace officer at the time, would have dispelled the alarm.
E. Loitering exceptions. The previous subsection shall not apply where
the actor was accompanied by his/her parent, guardian or other adult
person having his/her care, custody or control, or where that actor
was exercising First Amendment rights protected by the United States
Constitution or Wisconsin Constitution, including freedom of speech,
the free exercise of religion and the right of assembly.
F. Penalties and remedies.
(1) Forfeitures. Any person found guilty of violating this section shall
be subject to a forfeiture of not less than $1,000 nor more than $5,000
for each violation. Each violation and each day a violation continues
or occurs shall constitute a separate offense. Neither the issuance
of a citation nor the imposition of forfeiture hereunder shall preclude
the Village from seeking or obtaining any or all other legal and equitable
remedies to prevent or remove a violation of this section.
(2) Injunction — violation of residency restrictions. If an offender establishes a permanent or temporary residence in violation of §
9-2-19C, the Chief of Police may refer the matter to the Village Attorney. The referral shall include a written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose and intent of this chapter, such violation interferes substantially with the comfortable enjoyment of life, health, or safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in Circuit Court to permanently enjoin such residency as a public nuisance.