[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg 1-13-2020 by Ord. No. 1898-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 501, Sex
Offenders Residency Requirements, adopted as Ch. 38 of the former
Municipal Codebook.
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.
As used in this chapter, and unless the context otherwise requires,
the following terms shall have the meanings indicated:
A person who is less than 18 years of age.
The site upon which any of the following are located:
A public park, parkway, parkland, or park facility;
Reedsburg Recreation Center;
The Reedsburg Boys and Girls Club;
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 § 48.02(7), Wis. Stats.;
a residential care center for children and youth, as defined in § 48.02(15d),
Wis. Stats.; a shelter care facility, as defined in § 48.02(17),
Wis. Stats.; a foster home, as defined in § 48.02(6), Wis.
Stats.; a treatment foster home, as defined in § 48.02(17q),
Wis. Stats.; a day-care center licensed under § 48.65, Wis.
Stats.; a day-care program established under § 120.13(14),
Wis. Stats.; a day-care provider certified under § 48.651,
Wis. Stats.; or a youth center, as defined in § 961.01(22),
Wis. Stats.];
For-profit children's play facilities;
Girl Scout cabin and grounds (1230 7th Street);
Movie theater;
Public or private golf course or range;
Public swimming pool or other aquatic facilities open to the
public.
Any place within the City that is physically located within
1,250 feet of any child safety location.
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 special bulletin notification (SBN) sex
offender pursuant to § 301.46(2) and (2m), Wis. Stats.,
and any person who has been convicted of or has been delinquent of
or has been found not guilty by reason of disease or mental defect
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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§ 948.015(10), Wis. Stats.
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Solicitation of an intimate or private representation of a child
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§ 948.081, Wis. Stats.
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Patronizing a child
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§ 948.10, Wis. Stats.
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Exposing genitals, pubic area, or intimate parts
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§ 948.11(2), Wis. Stats.
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Exposing a child to harmful material or harmful descriptions
or narrations
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§ 948.14, Wis. Stats.
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Registered sex offender and photographing minors
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Hereinafter "designated offender"/"offender."
A person under the age of 17.
A place where a person sleeps, abides, lodges, or resides
for 14 or more consecutive days.
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
A place where a person sleeps, abides, lodges, or resides,
which may include more than one location, and may be mobile or transitory
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 sleeps, abides, lodges, or resides for
a period of 14 or more consecutive or nonconsecutive days in any month
and which is not the person's permanent residence.
A.
Child safety zone restriction. Subject to the definitions in § 501-2 above, and the exceptions set forth in § 501-4 below, it is unlawful for a designated offender to establish a permanent residence or a temporary residence within a child safety zone or any other place designated by the City as a place where children are known to congregate.
B.
Measurement of distance. For purposes of determining the minimum
distance separation, the restriction shall be measured by following
a straight line from the closest outer property line of the permanent
residence or temporary residence to the nearest child safety location
of a school, licensed day-care center, park, trail, playground, place
of worship or any other place designated by the City where children
are known to congregate. The City Clerk shall maintain an official
map showing prohibited locations as defined by this section. The Clerk
shall update the map at least annually to reflect any changes in the
location of prohibited zones. These shall be designated on the map
as child safety zones.
A.
A designated offender residing within any child safety zone does
not commit a violation of this chapter if any of the following apply:
(1)
The person established the permanent residence or temporary residence
and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before December 20, 2007, the original 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, licensed day-care center, park, trail, playground, place
of worship or any other place designated by the City as a place where
children are known to congregate within 1,250 feet of the person's
permanent or temporary residence was opened after the person established
the permanent residence or temporary residence and registered the
residence pursuant to § 301.45, Wis. Stats.
(4)
The designated offender's residence is within a jail, prison,
juvenile facility or correctional facility at which the designated
offender is serving a court-ordered sentence.
B.
Any designated offender maintaining a residence within the City of Reedsburg that is exempted from the restrictions of this chapter pursuant to § 501-4 shall lose the exemption if the designated offender's residence, ownership or leasehold of the property ceases at any point in time, at which time the designated offender shall be subject to the restrictions of § 501-3.
In addition to and notwithstanding the foregoing, but subject to § 501-4 above, no person and no individual who is a designated offender may establish a residence in the City of Reedsburg unless such person was domiciled in the City of Reedsburg at the time of the offense resulting in the person's designation as a designated offender. This restriction does not apply if 10 or more years have passed since the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release and the designated offender has not been convicted of any additional offense resulting in such person meeting the designated offender definition herein.
A.
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 person prohibited from
establishing such permanent or temporary residence pursuant to this
section if such place, structure or part thereof, or trailer or other
locale, is located within a prohibited child safety zone as described
herein.
B.
Notice to property owner. A designated offender shall notify any property owner from whom the designated offender intends to lease or rent any place, structure, mobile home, trailer, or any part thereof, that the designated offender is a designated offender as defined in § 501-2 of this chapter, prior to entering into any lease or rental agreement.
C.
Notice to Police Department. A designated offender and any property
owner who leases or rents any place, structure, mobile home, trailer,
or any part thereof, with the knowledge that it will be used as a
permanent or temporary residence by a designated offender, must each
notify the Reedsburg Police Department in writing a minimum of 14
days prior to entering into a lease or rental agreement establishing
a permanent or temporary residence within the City. Any property owner
governed by this subsection shall also provide notice to the Reedsburg
Police Department upon termination of the designated offender's
tenancy for any reason whatsoever.
A.
It is unlawful for a designated offender to actively take part in
any public holiday event involving children 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 seasonable costume in a public place, 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 designated
offender.
B.
Exception. This section does not apply to any event in which the
designated offender is the parent or guardian of the child(ren) involved,
and the designated offender's child(ren) are the only child(ren)
present.
A.
It shall be unlawful for any designated offender, as defined in § 501-2 above, to loiter or prowl within 1,250 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.
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 enumerated 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;
and
(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 of not less than seven days is made from
the person to an individual in charge of the use of the property,
and written approval from an authorized 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; and
(b)
The designated polling place for the person is an enumerated
use; and
(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.
The City Clerk's Office shall maintain an official map
showing the child safety zones within the City. The City 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 City Clerk. In the event of a conflict, the terms
of this section shall control. In no event shall a failure to update
the map in compliance with this section preclude the persecution or
conviction of any designated offender under this section.
If a person violates this Chapter 501 by establishing a residence or occupying residential premises within 1,250 feet of those premises as described therein, without any exception(s) as also set forth above, the City 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 section 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 City in the Circuit Court for Sauk County to permanently enjoin such residency as a public nuisance. If a person violates this Chapter 501, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-3 of this Code of the City of Reedsburg. Each day a violation continues shall constitute a separate offense. In addition, the City may undertake all other legal and equitable remedies to prevent or remove a violation of this chapter.
A.
The above requirements of this section may be waived upon approval
of the Designated Offender Residency Appeal Board through an appeal
made by the affected party. Such appeal shall be made in writing to
the City Clerk's office, who shall forward the request to the
Designated Offender Residency Appeal Board, which shall receive reports
from the Police Department as to the criminal background of the applicant
and the nature and circumstances of the underlying offense requiring
the registration under § 301.45 or § 301.46, Wis.
Stats. The Board shall convene and shall hear from the applicant,
as well as the Police Department or others who would be affected by
this decision. The Board shall consider the amount of time which has
passed since the original offense was committed; whether there has
been evidence of any re-offense; whether the applicant is employed
and the duration of that employment; whether the applicant has shown
remorse; whether there has been evidence of rehabilitation; and finally,
any factors that would suggest a likelihood of re-offense.
B.
The Designated Offender Residency Appeal Board shall consist of five
City residents appointed by the Mayor of the City and ratified by
the Common Council. The members of the Designated Offender Residency
Appeal Board shall serve in staggered, three-year terms with the initial
Board having two members with three-year terms; two members with two-year
terms; and a single member with a one-year term. The Chief of Police
will act as a resource to the Appeals Board and will attend its meetings.
