[HISTORY: Adopted by the Village Board of the Village of
Allouez as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 31.39 of the Village Code; amended
in its entirety 5-21-2024 by Ord. No. 2024-03]
A.
This article is a regulatory measure aimed at protecting the health
and safety of children and other vulnerable people in the Village
of Allouez. Given the high rate of recidivism for sexual 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. Therefore, the Village finds
and declares that sexual offenders are a serious threat to the public
safety of children if regulatory measures are not in place that prohibit
their loitering in specified areas designated as places children commonly
congregate. The Village of Allouez finds and declares that in addition
to schools and day-care centers, children congregate or play at child-oriented
facilities, such as parks and playgrounds.
B.
It is not the intent of this article to impose a criminal penalty
but rather to serve the Village's compelling interest to promote,
protect, and improve the health, safety, and welfare of the children
of the Village by prohibiting convicted sexual offenders from loitering
in specified areas around locations where children regularly congregate
in concentrated numbers. It is the further intent of this article
to recognize that convicted sexual offenders must reenter the community,
and the Village of Allouez hereby accepts that it has a responsibility
to convicted sexual offenders and the surrounding area municipalities
to ensure that, in addition to promoting regulatory measures aimed
at protecting children, its regulatory measures are not aimed at prohibiting
convicted sexual offenders from being part of this society.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
As defined by Wis. Stats. § 948.01(1), any person
who has not attained the age of 18 years, except that for purposes
of enforcing this article against a person who has been convicted
of a sexual offense, a "child" does not include a person who has attained
the age of 17 years.
Any person required to register for a sexual offense regardless
of whether they are on any form of Department of Corrections (DOC)
supervision.
An official map, maintained by the Village, showing loiter-free
zones designated in purple (the "Loiter-Free Zone Map"). The Village
shall update the Loiter-Free Zone Map at least annually to reflect
any changes in the location of loiter-free zones. Loiter-free zone
maps will be available at the Village's office and on the Village's
official website.
The following areas including a surrounding fifty-foot radius
where children congregate are designated by the Village to be loiter-free
zones, including but not limited to:
Whether in a group, crowd, or as an individual, to stand
idly about, loaf, prowl, congregate, wander, stand, linger aimlessly,
proceed slowly or with many stops, to delay or dawdle, and shall also
include the colloquial expression "hanging around."
A.
It is unlawful for a designated offender to loiter within a loiter-free
zone.
B.
Holiday prohibition. It is unlawful for any designated offender to
participate in a holiday event involving children under 16 years of
age, such as distributing candy or other items to children on Halloween,
wearing a Santa Claus costume on or preceding Christmas or wearing
an Easter Bunny costume on or preceding Easter. Holiday events in
which the designated offender is the parent or guardian of the children
involved, and no nonfamilial children are present, are exempt from
this subsection.
A person who violates this article shall be punished by a forfeiture
not exceeding $2,000, together with the actual costs of prosecution,
including attorney fees, if necessary.
[Adopted as § 31.42 of the Village Code; amended
in its entirety 5-21-2024 by Ord. No. 2024-03]
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who have committed sexual crimes against vulnerable
people including children present a threat to public safety. The intent
of this article is not to impose a criminal penalty against sexual
offenders, but to promote and protect the health, safety, and welfare
of citizens of the Village by creating areas around locations where
vulnerable populations, primarily children, regularly congregate wherein
certain sexual offenders may not reside.
For the purposes of this article, the following terms shall
have the meanings indicated:
As defined by Wis. Stats. § 948.01(1), any person
who has not attained the age of 18 years, except that for purposes
of enforcing this article against a person who has been convicted
of a sexual offense, a "child" does not include a person who has attained
the age of 17 years.
Any person required to register for a sexual offense regardless
of whether they are on any form of Department of Corrections (DOC)
supervision.
Any premises 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 four or more days within a thirty-day period, or for a period
of 14 or more days during any calendar year and which is not the person's
permanent address.
A.
Restriction. In absence of a court order specifically exempting a
designated offender from the residency restriction in this section,
a designated offender shall not establish a permanent residence or
temporary residence within 1,500 feet of any school, licensed day-care
center, park, recreational trail, playground, parkway or any other
place designated by the Village as a place where children are known
to congregate.
B.
Measurement of distance.
(1)
The distance shall be measured by following a straight line from
the outer property line of the permanent or temporary residence to
the nearest outer property line of a school, licensed day-care center,
park, recreational trail, playground or any other place designated
by the Village as a place where children are known to congregate.
(2)
The Village Clerk-Treasurer shall maintain an official map showing
prohibited locations. The Village Clerk-Treasurer shall update the
map at least annually to reflect any changes in the prohibited locations.
These prohibited locations shall be designated on the map as child
safety zones.
A designated offender residing within a prohibited area as specified in § 367-7 does not commit a violation of this article if any of the following applies:
A.
The person established a permanent residence or temporary residence
and reported and registered the residence as provided in § 301.45,
Wis. Stats., before the effective date of this article.
B.
The person was under 17 years of age and is not required to register
under § 301.45 or 301.46, Wis. Stats.
C.
The school, licensed day-care center, park, recreational trail, playground,
parkway or any other place designated by the Village as a place where
children are known to congregate within 1,500 feet of the person's
permanent or temporary residence was opened after the person established
the permanent or temporary residence and reported and registered the
residence as provided in § 301.45, Wis. Stats.
D.
The residence is also the primary residence of the person's
spouse, parents, grandparents, siblings or children, provided that
the spouse, parents, grandparents, siblings or children established
the residence at least two years before the designated offender established
residence at the location.
Any person, firm or entity who violates any provision of this
chapter shall, upon conviction thereof, be subject to a forfeiture
of at least $50 and not more than $1,000, together with the costs
of prosecution, and in default of payment thereof, shall be committed
to jail for a period not to exceed 90 days. Each violation and each
day such violation continues shall be considered a separate offense.
Neither the issuance of a citation nor the imposition of a forfeiture
hereunder shall preclude the Village from seeking or obtaining any
and all legal and equitable remedies available by law or this chapter.
