[HISTORY: Adopted by the Common Council of the City of Manawa 1-18-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 233 but was renumbered in order to maintain the alphabetical organization of the Table of Contents.
The Mayor and City Council of the City of Manawa, Waupaca County, Wisconsin, do hereby find as follows, and adopt such findings as their legislative history for the provisions hereinafter enacted:
A. 
The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children and adults, including their release into the community.
B. 
Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons, a more dangerous type of sex offender, and specifically, in Section 980.08, Wis. Stats., following such commitment, under certain conditions, provides for the supervised release of such persons into the community.
C. 
The City of Manawa places a high priority on maintaining public safety through highly skilled and trained law enforcement as well as dependency upon laws that deter and punish criminal behavior.
D. 
Sex offenders have very high recidivism rates, and according to a 1998 report by the U.S. Department of Justice, sex offenders are the least likely to be cured and the most likely to reoffend and prey on the most innocent members of our society. In addition, more than 2/3 of the victims of rape and sexual assault are under the age of 18, and sex offenders have a dramatically higher recidivism rate for their crimes than any other type of violent felon.
E. 
There currently exist a number of the municipal governing bodies within the State of Wisconsin as well as numerous Legislatures of these United States, including Wisconsin, and also including, but not limited to, Pennsylvania, Alabama, Iowa, Florida, Maine, and Louisiana, as they pertain to laws adopted which relate to and in part impose restrictions upon sex offenders with respect to residency; and
F. 
The City Council having also been advised of the decision of the United States Court of Appeals for the 8th Circuit, in 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, fear of, or a bare desire to harm a politically unpopular group. [Citation 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 re-offense. Even experts in the field could not predict with confidence whether a particular sex offender will re-offend, 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. [Citation 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."
G. 
The Common Council having considered a proposed amendment to the Municipal Code to prevent loitering by such persons and other prohibited activity to further protect children, and upon all of the records and files and reports and proceedings pertaining to the subject matter, and all of the prior actions and experience of the City of Manawa in protecting the community from sexually violent persons, finds the proposed amendments will serve to protect the health, safety and welfare of the community.
This chapter is a regulatory measure aimed at protecting the health and safety of children and adults in Manawa from the risk that convicted sex offenders may reoffend in locations close to their residences or commit opportunistic crimes. The City 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 and adults 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 and adults congregate or play at public parks.
As used in this chapter and unless the context otherwise requires, the following terms shall have the meanings indicated:
CHILD/CHILDREN/MINOR
A person under the age of 18 years for the purposes of this chapter.
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, respectively:
A. 
§ 940.22(2) Sexual Exploitation by Therapist;
B. 
§ 940.30 False Imprisonment Where Victim Was a Minor and Not the Offender's Child;
C. 
§ 940.31 Kidnapping Where Victim Was Minor and Not the Offender's Child;
D. 
§ 944.01 Rape (prior statute);
E. 
§ 944.06 Incest;
F. 
§ 944.10 Sexual Intercourse With a Child (prior statute);
G. 
§ 944.11 Indecent Behavior With a Child (prior statute);
H. 
§ 944.12 Enticing Child for Immoral Purposes (prior statute);
I. 
§ 948.02(1) First Degree Sexual Assault of a Child;
J. 
§ 948.02(2) Second Degree Sexual Assault of a Child;
K. 
§ 948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child;
L. 
§ 948.05 Sexual Exploitation of a Child;
M. 
§ 948.055 Causing a Child to View or Listen to Sexual Activity;
N. 
§ 948.06 Incest With a Child;
O. 
§ 948.07 Child Enticement;
P. 
§ 948.075 Use of a Computer to Facilitate a Child Sex Crime;
Q. 
§ 948.08 Soliciting a Child for Prostitution;
R. 
§ 948.095 Sexual Assault of a Student by School Instructional Staff;
S. 
§ 948.11(2)(a) or (am) Exposing Child to Harmful Material, felony sections;
T. 
§ 948.12 Possession of Child Pornography;
U. 
§ 948.13 Convicted Child Sex Offender Working With Children;
V. 
§ 948.30 Abduction of Another's Child;
W. 
§ 971.17 Not Guilty by Reason of Mental Disease, of an included offense; and
X. 
§ 975.06 Sex Crimes Law Commitment.
DESIGNATED OFFENDER
A. 
Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child; or
B. 
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.
C. 
Any person who has been convicted or found delinquent or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children.
RESIDENCE ("RESIDE")
The place where a person sleeps, 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.
SEXUALLY VIOLENT OFFENSE
Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.
A. 
It shall be unlawful for any person defined as a designated offender, pursuant to § 260-3, to loiter or prowl, in the locations enumerated in § 260-3, 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.
B. 
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 or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes 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 or her to identify himself or herself and explain his or her presence and conduct at the locations enumerated in § 260-3. 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.
The previous section shall not apply where the actor was accompanied by his or her parent, guardian, or other adult person having his or 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.
It is unlawful for any designated sex offender to participate in any holiday or community event in the City of Manawa involving one or more child by means of distributing candy or other items to such child or children on Halloween; wearing a Santa Claus/Grinch/or other holiday costume on or during any of the 30 days preceding Christmas; wearing an Easter Bunny or other costume on or during any of the 30 days preceding Easter; or by engaging in any other similar type(s) of activity that may, under the circumstances then present, tend to entice a child to have contact with a designated sex offender. Holiday events in which the designated sex offender is the parent or legal guardian of the child or children involved, and no other children are present, are exempt from this section.
A. 
Any person may seek an exemption from this chapter by appealing to the City Council. In order to obtain such an exemption, the individual must present in writing, under oath, a statement describing all relevant facts which might apply to such determination.
B. 
The board shall hold a hearing on each request to conduct an individual risk assessment in each case, during which the board may review any pertinent information and may accept oral and written statements from any person. The board shall consider the public interest as well as the affected party's presentation and concerns, giving the applicant a reasonable opportunity to be heard. The board shall consider the specific facts and circumstances of each applicant and determine whether the applicant presents a threat to public safety if he or she resides at that proposed location. The board shall consider factors which may include but are not limited to:
(1) 
Circumstances surrounding the offense, including relationship of offender and victim, and presence or use of enticement.
(2) 
Time out of incarceration.
(3) 
History of compliance with probation or extended supervision, and current supervision status.
(4) 
Criminal offenses or rule violations since original offense and/or release date.
(5) 
Counseling and treatment history.
C. 
The board shall decide by majority vote whether to grant or deny an exemption request at the hearing, unless deferred for good cause. An exemption may be unconditional or specific. In the case of a denial, the board shall provide a written copy of the decision containing the reasons therein for its decision to the Police Department for their information and to the affected party as soon as possible thereafter.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid, or be repealed, it shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so declared to be invalid or repealed.
A. 
Any violation of this chapter shall be subject to a forfeiture neither less than $400 nor exceeding $1,000. Each day of each violation shall constitute a separate offense.
B. 
Violation of this chapter shall constitute a public nuisance which, in addition to monetary forfeitures, shall be subject to action by the City to abate and enjoin such nuisance.
C. 
The following forfeitures for the offenses specified may be paid at City Hall:
Violation
Forfeiture
Other prohibited activity
$400
Loitering
$300
Repeat offense (1st)
$600
Repeat offense (2nd and above)
$800