[Ord. No. 913, § I, 6-21-2016]
(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.
Indeed, W.S.A., ch. 980, provides for the civil commitment of sexually
violent persons. The purpose of this article is to protect the public,
to reduce the likelihood that convicted sex offenders will engage
in such conduct in the future.
The United States Supreme Court has recognized that the risk
of recidivism posed by sex offenders is high, and when convicted sex
offenders re-enter 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).
The Village Board has reviewed research on sex offenders, including
the findings of a number of states across the United States, including,
but not limited to, Florida, Georgia, Alabama, Iowa and California
as they pertain to laws adopted and which relate to imposing restrictions
on sex offenders with respect to residency; and in addition, the United
States Court of Appeals for the 8th Circuit Decision on Doe v. Miller,
405 F.3d 700, 716 (8th Cir. 2005) providing, in part, "the record
does not support a conclusion that the Iowa General Assembly and the
governor acted based merely on negative attitudes toward or fear of,
or a bare desire to harm a politically unpopular group (citations
omitted). Sex offenders have a high rate of recidivism and the parties
presented expert testimony that reducing opportunity and temptation
is important to minimizing the risk of reoffense. Even experts in
the field could not predict with confidence whether a particular sex
offender will reoffend, whether an offender convicted of an offense
against a teenager will be among those who "cross over" to offend
against a younger child, or the degree to which regular proximity
to a place where children are located enhances the risk of re-offense
against children. One expert in the district court opined that it
is just "common sense" that limiting the frequency of contact between
sex offenders and areas where children are located is likely to reduce
the risk of an offense (citations omitted). The policymakers of Iowa
are entitled to employ such "common sense" and we are not persuaded
that the means selected to pursue the state's legitimate interest
are without rational basis".
The board finds the negative consequences of failing to regulate
the movement of sex offenders is a hazard to children and the community.
Thus, the Village 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 [article] is a regulatory measure aimed
at protecting the health and safety of the children in the Village
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 residence; and by regulating certain activities that
may be used by sexual offenders to prey on children.
(b)
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 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.
The board notes that W.S.A., § 61.34 authorizes the
Village Board to enact legislation for the health, safety and welfare
of the public. In addition, W.S.A., § 61.34(5) notes that
the powers, rights and privileges accorded Villages under said chapter
are to be liberally construed in order to promote the general welfare,
peace, good order and prosperity of the Village.
(c)
This article will not apply to sexually violent persons, as defined
in W.S.A., § 980.01(7), because these persons are controlled
under the regulations of W.S.A., ch. 980.
[Ord. No. 913, § I, 6-21-2016]
(a)
CHILD
CHILD SAFETY LOCATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
CHILD SAFETY ZONE
CRIME AGAINST CHILDREN
RESIDENCE
SEX OFFENDER
SEXUALLY VIOLENT OFFENSE
As used in this chapter and unless the context otherwise requires:
A person under the age of 18.
The site upon which any of the following are located:
A public park, parkway, parkland, 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 W.S.A., § 48.02(7); a residential
care center for children and youth, as defined in W.S.A., § 48.02(15d);
a shelter care facility, as defined in W.S.A., § 48.02(17);
a foster home, as defined in W.S.A., § 48.02(6); a treatment
foster home, as defined in W.S.A., § 48.02(17q); a day care
center licensed under W.S.A., § 48.65; a day care program
established under W.S.A., § 120.13(14); a day-care provider
certified under W.S.A., § 48.651; or a youth center, as
defined in W.S.A., § 961.01(22).
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:
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Wisconsin Statute Sections
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940.225(1) First Degree Sexual Assault
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940.225(2) Second Degree Sexual Assault
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940.225(3) Third Degree Sexual Assault
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940.22(2) Sexual Exploitation by Therapist
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940.30 False Imprisonment — Victim was minor and not the
offender's child
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940.31 Kidnapping — Victim was minor and not the offender's
child
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944.01 Rape (prior statute)
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944.06 Incest
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944.10 Sexual Intercourse with a Child (prior statute)
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944.11 Indecent Behavior with a Child (prior statute)
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944.12 Enticing Child for Immoral Purposes (prior statute)
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948.02(1) First Degree Sexual Assault of a Child
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948.02(2) Second Degree Sexual Assault of a Child
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948.025 Engaging in Repeated Acts of Sexual Assault of the Same
Child
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948.05 Sexual Exploitation of a Child
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948.055 Causing a Child to View or Listen to Sexual Activity
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948.06 Incest with a Child
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948.07 Child Enticement
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948.075 Use of a Computer to Facilitate a Child Sex Crime
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948.08 Soliciting a Child for Prostitution
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948.095 Sexual Assault of a Student by School Instructional
Staff
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948.11(2)(a) or (am) Exposing Child to Harmful Material —
Felony sections
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948.12 Possession of Child Pornography
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948.13 Convicted Child Sex Offender Working with Children
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948.30 Abduction of Another's Child
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971.17 Not Guilty by reason of Mental Disease — Of an
included offense
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975.06 Sex Crimes Law Commitment
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980.01(7) Sexually Violent Persons
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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 W.S.A., § 980.01(6),
as amended from time to time.
[Ord. No. 913, § I, 6-21-2016]
(b)
Original domicile restriction. No person and no individual who has
been convicted of a crime against children shall be permitted to reside
in the Village, unless such person was domiciled in the Village at
the time of the offense resulting in the person's most recent
conviction for committing a crime against children. Domicile shall
mean an individual's fixed and permanent home, where the individual
intends to remain permanently and indefinitely and to which, whenever
absent, the individual intends to return except that no individual
may have more than one domicile at any time. Domicile is not a residence
for any special or temporary purpose.
(c)
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 real property that
supports or upon which there exists any of the applicable above-enumerated
use(s).
[Ord. No. 913, § I, 6-21-2016]
(a)
A person residing within 1,500 feet of the real property comprising
any of the uses enumerated in 54-133(b) does not commit a violation
of this chapter [article] if any of the following apply:
(1)
The person is required to serve a sentence at a jail, prison,
juvenile facility, or other correctional institution or facility.
(2)
The person is a minor or ward under guardianship.
(3)
The person has established a residence prior to the effective
date of this chapter [article] on the 30th day of June, 2016, which
is within 1,500 feet of any of the uses enumerated in 54-133(b) or
such enumerated use is newly established after such effective date
and it is located within such 1,500 feet of a residence of a person
which was established.
[Ord. No. 913, § I, 6-21-2016]
No person shall let or rent any place, structure, or part thereof, trailer, or other conveyance, with the knowledge that it will be used as a permanent or temporary residence by a sex offender contrary to the provisions of § 54-134.
[Ord. No. 913, § I, 6-21-2016]
(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.
[Ord. No. 913, § I, 6-21-2016]
(a)
It shall be unlawful for any sex offender, as defined in § 54-133, to loiter or prowl within 1,500 feet of any school or school property, recreational trail, playground or park, any specialized school for children including, but not limited to, gymnastics academy, martial arts academy, dance academy, music school, public beach or public library 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 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 makes 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 enumerate 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;
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; and
d.
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.
[Ord. No. 913, § I, 6-21-2016]
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 article shall control. In no event shall a failure to
update the map in compliance with this article preclude the persecution
or conviction of any sex offender under this article.
[Ord. No. 913, § I, 6-21-2016]
If a person violates § 54-134 by establishing a residence or occupying residential premises within 1,500 feet of those premises as described therein, without any exception(s) as also set forth above, 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 Waukesha County to permanently enjoin such residency as a public nuisance. If a person violates §§ 54-134 and 54-138, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-12 of this Code. Each day a violation continues shall constitute a separate offense. In addition, the Village may undertake all other legal and equitable remedies to prevent or remove a violation of this chapter
