[HISTORY: Adopted by the Village Board of the Village of Waterford as §§ 9.01, 9.02, 9.03, 9.07, 9.085, 9.10 and 9.20 of the 1998 Code. Amendments noted where applicable.]
Animals — See Ch. 87.
Carriage services — See Ch. 109.
Dances and dance halls — See Ch. 115.
Direct sellers — See Ch. 120.
Firearms and explosives — See Ch. 131.
Intoxicating liquor and fermented malt beverages — See Ch. 148.
Minors — See Ch. 159.
Nuisances — See Ch. 165.
Traffic and parking — See Ch. 207.
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the municipality, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, Article II, of this Municipal Code:
No person shall assist, aid or abet any person in the custody of any police or peace officer to escape from such custody.
No person shall, without reasonable excuse or justification, resist or interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority.
No person shall leave unattended in the Village any power machinery or equipment operated by hydraulic, air, mechanical or hand power if any moving or movable part is in a raised or extended position without having a safety lock attached to avoid the accidental falling or lowering of such part.
[Added 7-14-2003 by Ord. No. 435]
State statute adopted. Wis. Stats. § 947.013(1m) is adopted and further broadened as set forth herein,
Definition. As used in this section, the following term shall have the meaning indicated:
- COURSE OF CONDUCT
- A pattern of conduct composed of a series of acts (consisting of at least two acts) over a period of time, however short, evidencing a continuity of purpose.
Harassment prohibited. No person, with intent to harass or intimidate another person, may:
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same; or
Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose. Such course of conduct or repeated acts may consist of conduct which is solely verbal, solely physical, or a combination of both.
No person shall have, obtain, seek to obtain or consume any intoxicating liquor or fermented malt beverage on any sidewalk, street or other public way.
[Added 1-23-2006 by Ord. No. 489]
No operator of any motor vehicle shall cause, by excessive and unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or to unnecessarily throw stones or gravel, nor shall such operator cause to be made by excessive and unnecessary acceleration any loud noise such as would disturb the public peace.
No operator of any motor vehicle shall operate a vehicle in a manner which demonstrates carelessness or indifference to the person or property of the operator or of others, or in a manner which is careless, unsafe, boisterous, raucous, unreasonably loud or otherwise disorderly.
[Added 11-12-2007 by Ord. No. 521]
It shall be unlawful for any person to operate or ride a skateboard in the following places:
[Added 8-8-2016 by Ord. No. 639; amended 7-24-2017 by Ord. No. 653]
Findings and intent.
Findings. The Village Board finds that repeat sex offenders, sex offenders who use physical violence and sex offenders who prey on children are persons who present an extreme threat to the public safety. Sex offenders often 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 sex offender victimization to society at large, while incalculable, clearly exorbitant.
It is not the intent of the Village Board to punish sex offenders, but rather to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Village by creating areas around locations where children regularly congregate in concentrated numbers, wherein certain sex offenders are prohibited from establishing temporary or permanent residence.
Due to the high rate of recidivism for sex offenders, and because reducing both opportunity and temptation would help minimize the risk of reoffense, there is a compelling need to protect children where they congregate or play in public places.
The restrictions in this chapter are limited to, and intended to apply, to the group of designated sex offenders, defined below, who present the most risk to the community.
Definitions. In the interpretation and enforcement of this section, the following definitions apply:
- A person under the age of 18 years.
- CHILDCARE FACILITY
- A childcare facility that is operated by a person under Wis. Stats. § 48.65 or certified under § 48.651 or that is established or contracted for under Wis. Stats. § 120.13(4).
- CRIME AGAINST A CHILD
- 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: s. 940.22(2) Sexual Exploitation by Therapist; s. 940.30 False Imprisonment where victim was a minor and not the offender's child; s. 940.31 Kidnapping where victim was minor and not the offender's child; s. 944.01 Rape (prior statute); s. 944.06 Incest where the victim was a minor; s. 944.10 Sexual Intercourse with a Child (prior statute); s. 944.11 Indecent Behavior With a Child (prior statute); s. 944.12 Enticing Child for Immoral Purposes (prior statute); s. 948.02(1) First Degree Sexual Assault of a Child; s. 948.02(2) Second Degree Sexual Assault of a Child; s. 948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child; s. 948.05 Sexual Exploitation of a Child; s. 948.051 Trafficking of a Child; s. 948.055 Causing a Child to View or Listen to Sexual Activity; s. 948.06 Incest with a Child; s. 948.07 Child Enticement; s. 948.075 Use of a Computer to Facilitate a Child Sex Crime; s. 948.08 Soliciting a Child for Prostitution; s. 948.085 Sexual Assault of a Child Placed in Substitute Care; s. 948.095 Sexual Assault of a Student by School Staff; s. 948.11(2)(a) or (am) Exposing Child to Harmful Material, felony sections; s. 948.12 Possession of Child Pornography; s. 948.13 Convicted Child Sex Offender Working with Children; s. 948.30 Abduction of Another's Child; s. 971.17 Commitment of Persons Found Not Guilty by Reason of Mental Disease or Mental Defect of an offense included herein; s. 975.06 Sex Crimes Law Commitment for an offense included herein; and s. 980.01 Sexually Violent Person Commitment for an offense included herein.
- (1) Any person who is required to register under Wis. Stats. § 301.45 for any crime against a child, as defined herein or any person who is required to register under Wis. Stats. § 301.45 and who is subject to the special bulletin notification process set forth in Wis. Stats. §§ 301.46(2) and (2m).
- (2) Any person subject to the Sex Crimes Commitment provisions of Wis. Stats. § 975.06 or Sexually Violent Person Commitment set forth in Wis. Stats. § 980.01.
- (3) Any person found not guilty by reason of disease or mental defect placed on lifetime supervision under Wis. Stats. § 971.17 (1j).
- For purposes of this section, a person under the age of 18 years.
- PRIVATE PARK
- A park, playground, recreational trail, boat launch, or marina that is owned or maintained by a homeowners' association, condominium association, church, private school, or private entity.
- PUBLIC LIBRARY
- A library regulated under Wis. Stats. Ch. 43.
- PUBLIC PARK
- A park, playground, recreational trail, boat launch, or marina that is owned or maintained by the state or by a city, village, town or county.
- RESIDENCE (RESIDE)
- A place where a person sleeps, which may include more than one location, and may be mobile or transitory.
- A public school, parochial or private school, or tribal school, as defined in Wis. Stats. § 115.001 (15m), which provides an educational program for one or more grades between grades 4-K and 12 and which is commonly known as a preschool, elementary school, middle school, junior high school, senior high school, or high school.
- SCHOOL PREMISES
- Any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
- SEXUALLY VIOLENT PERSON
- Has the meaning set forth in Wis. Stats. § 980.01(7).
- YOUTH CENTER
- Any center that provides, on a regular basis, recreational, vocational, academic, or social services activities for persons younger than 18 years old or for those persons and their families.
A designated sex offender shall not establish a residence or reside within 750 feet of any childcare facility, private park, public park, public library, school, school premises, or youth center, as defined in this section and as shown on the list of Designated Sex Offender Prohibited Locations, unless a greater restriction is required as set forth in Subsection C(1)(b).
The provisions of Wis. Stats. § 980.08 are adopted for persons subject thereto.
Map of restricted locations. The Village Clerk shall maintain an official map showing Designated Sex Offender Prohibited Locations set forth in Subsection C(1)(a). The Village Clerk shall update the map at least annually to reflect any changes in the location of prohibited locations. These shall be designated on the map as "child safety zones."
Measurement of distance. 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 residence to the nearest outer property line of the prohibited location set forth in Subsection C(1). Where a multibuilding development, such as a condominium, apartment complex, or manufactured home park, contains more than one building on a single lot, the measurement shall be taken by following a straight line from the building containing the residence to the nearest outer property line of the prohibited location set forth in Subsection C(1).
Residency restriction exceptions. A sex offender residing within a prohibited area as described in Subsection C does not commit a violation of this section if any of the following apply:
The person established a permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats. § 301.45, before the effective day of this section.
The person was under 17 years of age and not required to register under Wis. Stats. §§ 301.45 or 301.46.
The child-care facility, public library, private park, public park, school, school premises, or youth center within 750 feet of the person's permanent residence or temporary residence was opened after the person established the residence and reported and registered the residence pursuant to Wis. Stats. § 301.45.
The residence is also the primary residence of the person's spouse, parents, grandparents, legal guardian if the person is a minor, siblings or children, provided that the spouse, parents, grandparents, legal guardian, siblings or children established the residence at least one year before the designated sex offender established residence at the location.
It shall be unlawful for any person defined as a designated sex offender in Subsection B to loiter or prowl in any location specified in Subsection C(1)(a) 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. 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 law enforcement 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 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 location. 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 the law enforcement officer at the time, would have dispelled the alarm.
Exceptions. The prohibitions set forth in Subsection E(1) shall not apply where the actor was with his or her parent or other adult person having his or her care, custody or control; or the actor was exercising First Amendment rights protected by the United States Constitution, including freedom of speech, free exercise of religion and the right of assembly.
Violations and penalties. See the general penalty provisions set forth under Chapter 1 of this Municipal Code. Each day a violation continues shall constitute a separate offense. In addition:
A person who violates any provision of Subsection C shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation.
Any person violating Subsection E shall forfeit not less than $1,000 and no more than $2,000 for each violation.
In addition, the Village may undertake all other legal and equitable remedies available.
Severability. The provisions of this section shall be deemed severable and it is expressly declared that the Village Board would have passed the other provisions of this section irrespective of whether or not one or more provisions may be declared invalid. If any provision of this section or the application to any person or circumstance is held invalid, the remainder of the section or the application of such other provisions to other persons or circumstances shall not be affected.