[HISTORY: Adopted by the Town Board of the Town of Sheboygan 1-19-2016 by Ord. No. 01192016 (Sec. 5.12 of the 1983 Code). Amendments noted where applicable.]
A.
Repeat sexual offenders, sexual offenders who use physical violence,
and sexual offenders who prey on children are sexual predators who
present an extreme threat to public safety. Sexual offenders are extremely
likely to use physical violence and to repeat their offenses; and
most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
B.
It is the intent of this chapter not to impose a criminal penalty
but rather to serve the Town's compelling interest to promote, protect,
and improve the health, safety, and welfare of the citizens of the
Town by creating areas around locations where children regularly congregate
in concentrated numbers wherein certain sexual offenders and sexual
predators are prohibited from establishing temporary or permanent
residence.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except when
the context clearly indicates a different meaning:
A person under the age of 18 for the purpose of this chapter.
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.,
for whom a bulletin to law enforcement agencies has been issued under
§ 301.46(2m), Wis. Stats.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
A place where the person abides, lodges, or resides 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 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 to establish a permanent residence or temporary residence
within 2,000 feet of any school, licensed day-care center, park, recreational
trail, playground or place of worship.
B.
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving children under 18 years of
age, such as distributing candy or other items to children. Holiday
events in which the offender is the parent or guardian of the children
involved and no nonfamilial children are present are exempt from this
subsection. "Participation" is to be defined as actively taking part
in the event.
C.
Measurement of distance.
(1)
For the purposes 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 temporary residence
to nearest outer property line of a school, licensed day-care center,
park, recreational trail, playground or place of worship.
(2)
The Town Clerk shall prepare an official map showing prohibited locations
as defined by this chapter. The Town Clerk shall maintain the map
on file at the Town Hall and 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."
D.
Penalties. A person who violates any provision of this section shall
be punished by a forfeiture not exceeding $500. Each day a person
maintains a residence in violation of this section constitutes a separate
violation. The Town of Sheboygan may also seek equitable relief.
E.
Exceptions. A designated offender residing within a prohibited area as described in § 249-3 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 the effective date of this chapter.
(2)
The school, licensed day-care center, park, recreational trail or
playground within 2,000 feet of the person's permanent residence was
opened after the person established and the permanent residence or
temporary residence and reported and registered the residence pursuant
to § 301.45, Wis. Stats.
A.
It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this article, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 249-3A, and not subject to an exception set forth in § 249-3E above.
In addition to the other residency restrictions set forth herein,
no designated offender may establish a residence in the Town of Sheboygan
unless he or she was a resident of the Town of Sheboygan at the time
of the most recent offense resulting in the person's most recent conviction,
commitment, or placement as a sex offender.
In the event the Town receives a sex offender bulletin from
a law enforcement agency issued pursuant to § 301.46(2m),
Wis. Stats., that includes the proposed or current address information
of a designated offender, then the Town Clerk shall mail written notice
of this sex offender residence to the record owners of property located
within 200 feet of the designated offender's address as soon as practicable
after receipt of the bulletin.
The above 2,000-foot requirement may be waived upon approval
of the Town Board through appeal by the affected party. Such appeal
shall be made in writing to the Town Clerk's office, who shall forward
the request to the Town Board, which shall review reports from the
Sheriff's Department, if any, on such appeal. The Town Board shall
convene and consider the public interest, as well as the affected
party's presentation and concerns. After deliberation, the Town Board
shall forward its decision, in writing, via the minutes or otherwise,
to the Sheboygan County Sheriff for his information and action. A
written copy of the decision shall be provided to the affected party.
