[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person under the age of 16.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense against a child or any person
who is required to register under § 301.45, Wis. Stats.,
and who has been designated a special bulletin notification (SBN)
sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
A person under the age of 17.
A place where a person abides, lodges, or resides for 14
or more consecutive days.
These are areas designated by the Village Board to be areas
where children can and will congregate to play, worship, or learn.
This zone will be an area of 500 feet from any area where children
are known to congregate for reasons of play, worship or learning.
A place where a person abides, lodges, or resides for a period
of 14 days or more days in the aggregate during any calendar year
and which is not the person's permanent address or a place where the
person routinely abides, lodges, or resides for a period of four or
more consecutive or nonconsecutive days in any month and which is
not the person's permanent residence.
A.
Prohibited location of residence. It is unlawful for any designated
offender or predator to establish a permanent residence or a temporary
residence within 500 feet of any school, park, trail, playground,
licensed day-care center, place of worship or any other place designated
by the Village as a place where children are known to congregate or
gather.
B.
Measurement of distance; identification of areas. For the purpose
of determining the minimum distance separation, the requirement shall
be measured by following a straight line from the outer property line
of the permanent residence or the temporary residence to the nearest
property line of a school, park, trail, playground, licensed day-care
center, place of worship or any other place designated by the Village
where children are know to congregate or gather.
C.
Penalties. A person who violates this section shall be punished by a forfeiture as provided in § 1-4, General penalty, of this Code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. The Village further maintains the right to seek equitable relief to have the violator removed from the prohibited area.
D.
Exceptions. A designated offender residing within a prohibited area
as defined above does not commit a violation of this section if any
of the following apply:
(1)
The person established the permanent residence or temporary residence
and both reported and registered said residence pursuant to § 301.45,
Wis. Stats., before the effective date of this chapter.
(2)
The person is a minor and is not required to register under § 301.45
or 301.46, Wis. Stats.
(3)
The school, park, trail, playground, licensed day-care center, place
of worship or any other place so designated by the Village where children
are know to congregate or gather which is located within 500 feet
of the person's residence was opened after the person established
the permanent or temporary residence and duly reported and registered
the residence pursuant to § 301.45, Wis. Stats.
A.
It is unlawful to let or to rent any place, structure or part thereof,
trailer, or other conveyance with the knowledge that it will be used
as a permanent residence or as a temporary residence by any person
prohibited from establishing such permanent residence or temporary
residence pursuant to this chapter, if such place, structure or part
thereof, trailer or other conveyance is located within a prohibited
location zone (child safe zone) as described earlier in this chapter.
B.
A property owner's failure to comply with the provision of this section
shall constitute a violation of said section and shall subject the
property owner to the code enforcement provisions as provided and
described in this chapter.
The above requirement may be waived or modified upon approval
of the Village Board of Trustees through written appeal by the affected
parties to the Village Clerk-Treasurer. The Village Board, with input
and reports provided by the County Sheriff's Office, shall convene
at its next regularly scheduled meeting in closed session to consider
the public interest as well as the interests of the affected party
in deciding if the provisions herein should be waived or modified.
