The City finds and declares that certain sex offenders are a serious threat to public safety. Given the high rate of recidivism for sex offenders, the City believes that in addition to the protections afforded by state law near schools, day-care centers and other places children frequent, reducing opportunity and temptation is appropriate to minimizing the risk of re-offense to better protect the children in these public places. This chapter is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that convicted sex offenders may re-offend in locations close to their residences where children tend to congregate or be regularly present. It is the intent of this chapter 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 safety zones around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering and establishing temporary or permanent residence and wherein access by certain sexual offenders and sexual predators shall be restricted and excluded. This chapter is not intended to limit any persons from exercising their right to assemble or engage in any other constitutionally protected activity. The chapter only applies to individuals with the requisite intent to induce or lure a child away from a child's location within a child safety zone.
[HISTORY: Adopted by the Common Council of the City of Neillsville 2-26-2008 by Ord. No. 1018 (Title 3, Ch. 6, of the 1985 Code); amended 6-25-2024 by Ord. No. 1078. Subsequent amendments noted where applicable.]
As used in this chapter and unless the context otherwise requires:
Person(s) under the age of 18 years for purposes of this chapter.
Shall mean any of the following offenses set forth within the state statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
Wis. Stats., § 940.225(1), first degree sexual assault;
Wis. Stats., § 940.225(2), second degree sexual assault;
Wis. Stats., § 940.225(3), third degree sexual assault;
Wis. Stats., § 940.22(2), sexual exploitation by therapist;
Wis. Stats., § 940.30, false imprisonment, victim was a minor and not the offender's child;
Wis. Stats., § 940.31, kidnapping, victim was a minor and not the offender's child;
Wis. Stats., § 944.06, incest;
Wis. Stats., § 948.02(1), first degree sexual assault of a child;
Wis. Stats., § 948.02(2), second degree sexual assault of a child;
Wis. Stats., § 948.025, engaging in repeated acts of sexual assault of the same child;
Wis. Stats., § 948.05, sexual exploitation of a child;
Wis. Stats., § 948.055, causing a child to view or listen to sexual activity;
Wis. Stats., § 948.06, incest with a child;
Wis. Stats., § 948.07, child enticement;
Wis. Stats., § 948.075, use of a computer to facilitate a child sex crime;
Wis. Stats., § 948.08, soliciting a child for prostitution;
Wis. Stats., § 948.095, sexual assault of a student by instructional staff;
Wis. Stats., § 948.11(2)(a) or (am), exposing child to harmful material, felony sections;
Wis. Stats., § 948.12, possession of child pornography;
Wis. Stats., § 948.13, convicted child sex offender working with children;
Wis. Stats., § 948.30, abduction of another's child;
Wis. Stats., § 971.17, not guilty by reason of mental disease, of an included offense; and
Wis. Stats., § 975.06, sex crimes law commitment.
A public or private school, a group home, as defined in Wis. Stats., § 48.02(7), a residential care center for children and youth, as defined in Wis. Stats., § 48.02(15d), a shelter care facility, as defined in Wis. Stats., § 48.02(17), a daycare center licensed under Wis. Stats. § 48.65, a daycare provider certified under Wis. Stats., § 48.651, or a youth center, as defined in Wis. Stats., § 961.01(22).
A person under the age of 17 years.
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.
The place where a person sleeps, abides, lodges, or resides for 14 or more consecutive days or which qualifies as a residence under the holdings of the state supreme court and which may include more than one location, and may be mobile or transitory.
Shall have the meaning as set forth in Wis. Stats., § 980.01(6), as amended from time to time.
Residence or premises meeting any of the following criteria:
A place where the person sleeps, abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not that person's permanent residence, as defined in this section;
A place where the person routinely sleeps, abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not that person's permanent residence as defined in this section; or
A place where a person sleeps, or which qualifies as a temporary residence under the holdings of the state supreme court, and which may include more than one location, and may be mobile or transitory.
A.
No offender shall reside within 500 feet of real property that supports, or upon which there exists, any of the following uses:
(1)
Public parks, parkways, parkland, park facilities;
(2)
"Swimming pool," meaning any swimming pool, wading pool, or other aquatic facility held open for use by the public and intended or used by children.
(3)
A "library," meaning any library that is held open for use by the public where such library includes a collection of material specifically intended for use by children.
(4)
Recreational trails;
(5)
Public playgrounds;
(6)
A "public school," as defined by Wis. Stats., § 115.01(1); a "private school," as defined by Wis. Stats., § 115.001(3);[1] a "charter school," as defined by Wis. Stats., § 115.001(1); a "specialty school," meaning any specialized school for children, including, but not limited to, a gymnastics academy, dance academy, or music school.
[1]
Editor's Note: See § 115.001(3r), Wis. Stats.
(7)
Athletic fields used by children;
(8)
A "day-care center," meaning a facility that has been licensed under Wis. Stats., § 48.65, to provide care and supervision of children and includes "before- and after-school daycare," which has the meaning as defined by Wis. Stats., § 120.125(1).
(9)
Sports academies, or athletic facilities for children;
(10)
Aquatic facilities open to the public; or
(11)
Facilities for children's clubs, e.g., Boy Scout and Girl Scout Houses.
B.
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 the real property that supports or upon which there exists any of the uses enumerated in this section.
C.
Residency restriction exceptions. An offender residing within 500 feet of real property that supports or upon which there exists any of the uses enumerated in this section does not commit a violation of this section if any of the following apply:
(1)
The offender is required to serve a sentence or is otherwise involuntarily required to reside in a jail, prison, juvenile facility, or other correctional institution or mental facility.
(2)
The offender has established a permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats., § 301.45, prior to the effective date of the ordinance codified in this chapter.
(4)
The offender had not attained the age of 19 at the time of the offense, was determined by the court to meet the criteria under Wis. Stats., § 301.45(1m)(a), and is not required to register pursuant to Wis. Stats. §§ 301.45 or 301.46.
(5)
The residence is also the primary residence of the sex offender's parents, grandparents, siblings, spouse, or child(ren), provided that such person established the residence at least one year before the sex offender established residence at the location.
It is unlawful for any offender to loiter or prowl in the locations enumerated under § 354-3A above, 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.
An offender present in an area otherwise prohibited by § 354-3A does not commit an offense if any of the following apply:
A.
The property supporting a use enumerated in § 354-3A also supports a church, synagogue, mosque, temple, or other house of religious worship, subject to the following conditions:
B.
The property supporting a use enumerated in § 354-3A also supports a use lawfully attended by the offender's natural or adopted child or children, which child's use reasonably requires the attendance of the offender, if entrance and presence on the property occurs only during hours of activity related to the use by the child or children.
C.
The property supporting a use enumerated in § 354-3A also supports a polling location in a local, state, or federal election, subject to the following conditions:
It is unlawful for any offender to participate in a holiday event involving children, such as distributing candy or other items to children on or about Halloween, wearing a Santa Claus costume, or wearing an Easter Bunny costume, 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 sex offender. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this section.
The City Clerk shall maintain an Official Map showing locations identified in § 354-3A above. The City Clerk shall cause such map to be updated at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as "child safety zones." In the event of a conflict, the written terms of this chapter shall control.
It is unlawful to let or rent any place, structure or part thereof, manufactured home, 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 the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 500 feet of any prohibited locations, which is not currently rented to an offender.
Consistent with state requirements, the state agency working with the sex offender must notify the Council member of the district and the Neillsville Police Chief a minimum of 28 days prior to establishing either a permanent residence or temporary residence within the City of Neillsville.
A.
Forfeitures. Any person found guilty of violating this chapter shall be subject to a forfeiture of not less than $500 nor more than $1,000 for each violation. Each violation and each day a violation continues or occurs shall constitute a separate offense. Violation of this chapter shall also constitute a public nuisance, which, in addition to monetary forfeitures, shall be subject to action by the City to abate and enjoin such nuisance.
B.
Injunction for violation of residency restrictions. If an offender establishes a permanent or temporary residence in violation of § 354-3A above, the Chief of Police may refer the matter to the City Attorney. The referral shall include a written determination by the Chief of Police that, upon all the facts and circumstances and the purpose and intent of this chapter, such violation interferes substantially with the comfortable enjoyment of life, health, safety of another or others. Upon such referral, the City Attorney shall bring an action in the name of the City in circuit court to permanently enjoin such residency as a public nuisance.
The residency restrictions of this chapter may be waived upon approval of the Common Council through an appeal by the affected offender. Such an appeal shall be made in writing to the City Clerk, who shall forward the request to the Chief of Police. The Chief of Police shall forward a report on the appeal request to the Common Council. The Common Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected offender or their counsel. A written copy of the decision shall be provided to the affected offender by the City Clerk. The Common Council may reject a waiver request when the request is filed with the City Clerk within 90 days of denial by the committee of a prior identical waiver request of the requester, absent a change in circumstances.
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.