[Adopted 4-17-2012 by Ord. No. 12-003]
This article is created as follows: "Sexual Offender Residency
Restrictions."
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:
DESIGNATED OFFENDER
Any person who is required to register under § 301.46,
Wis. Stats., for any sexual offense against a child or any person
who is required to register under § 301.46, Wis. Stats.
and who has been designated a Special Bulletin Notification (SBN)
sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
MINOR
A person under the age of 17.
PERMANENT RESIDENCE
A place where the person abides, lodges, or resides for 14
or more consecutive days.
TEMPORARY RESIDENCE
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.
The above requirements may be waived upon approval of the Planning
Commission and Common Council through appeal by the affected party.
Such appeal shall be made to the City Administrator, who shall forward
the request to the Planning Commission, which shall receive reports
from the Oconto Falls Police Department on such appeal. The Planning
Commission shall convene and consider the public interest as well
as the affected party's presentation, the sexual offender's
level of supervision and the nature of the offense. After deliberation,
the Planning Commission shall forward its decision in writing to the
City of Oconto Falls Common Council for its information and action.
A written copy of the decisions shall be provided to the affected
party.
A person who violates this chapter shall be punished by a forfeiture
not exceeding $500 plus court costs. Each day of violation of this
article constitutes a separate violation. The City of Oconto Falls
may also seek equitable relief.
The provisions of this article shall be deemed severable and
it is expressly declared that the City of Oconto Falls would have
passed the other provisions of this article irrespective of whether
or not one or more provisions may be declared invalid. If any provision
of this article or the application to any person or circumstance is
held invalid, the remainder of the article or the application of such
other provisions to other persons or circumstances shall not be affected.
This article shall be effective on its date of publication.