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. Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons. The purpose of this section is to protect the public, to reduce the likelihood that convicted designated offenders will engage in such conduct in the future.
B.
The United States Supreme Court has recognized that the risk of recidivism posed by designated offenders is high, and when convicted designated offenders reenter 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 U.S. 84, 123 S.Ct. 1140, 155 L.Ed. 2d 164 (2003), and McKune v. Lile, 536 U.S. 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).
C.
The Common Council finds that the negative consequences of failing to regulate the movement of designated offenders is a hazard to children and the community. Thus, the Common Council has a duty and need to regulate where designated offenders reside and loiter within the City once they are reintegrated into the community. This section is a regulatory measure aimed at protecting the health and safety of the children in the City of Reedsburg from the risk that convicted designated 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 City's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing residence or loitering; and by regulating certain activities that may be used by sexual offenders to prey on children.
D.
The City finds and declares that designated offenders are a serious threat to public safety. When designated offenders reenter society, they are much more likely than any other type of offender to be rearrested. Given the high rate of recidivism for designated 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, day-care centers and other places children frequent. The City finds and declares that in addition to schools and day-care centers, children congregate or play at public parks and other child safe locations as defined hereunder.
E.
The Common Council notes that § 62.11(5), Wis. Stats., authorizes the Common Council to have power to act for the government and good order of the City, for its commercial benefit and for the health, safety and welfare of the public, and may carry out its powers by license, regulation and other necessary or convenient means.
F.
This chapter will not apply to sexually violent persons, as defined in § 980.01(7), Wis. Stats., because these persons are controlled under the regulations of Chapter 980, Wis. Stats.