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The village finds and declares that sex offenders are a serious threat to public safety. Given the high rate of recidivism for sex offenders, the village 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 subchapter is a regulatory measure aimed at protecting the health and safety of children in the village 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 subchapter not 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 citizens of the village by creating safety zones around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence and wherein access by certain sexual offenders and sexual predators shall be restricted and excluded.
(Ord. 07-2013, passed 12-12-2013)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIME AGAINST CHILDREN. 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:
(1) Wis. Stats. § 940.225(1) First Degree Sexual Assault;
(2) Wis. Stats. § 940.225(2) Second Degree Sexual Assault;
(3) Wis. Stats. § 940.225(3) Third Degree Sexual Assault;
(4) Wis. Stats. § 940.22(2) Sexual Exploitation by Therapist;
(5) Wis. Stats. § 940.30 False Imprisonment-Victim was a minor and not the offender’s child;
(6) Wis. Stats. § 940.31 Kidnaping-Victim was a minor and not the offender’s child;
(7) Wis. Stats. § 944.01 Rape (prior statute);
(8) Wis. Stats. § 944.06 Incest;
(9) Wis. Stats. § 944.10 Sexual Intercourse with a Child (prior statute);
(10) Wis. Stats. § 944.11 Indecent Behavior with a Child (prior statute);
(11) Wis. Stats. § 944.12 Enticing Child for Immoral Purposes (prior statute);
(12) Wis. Stats. § 948.02(1) First Degree Sexual Assault of a Child;
(13) Wis. Stats. § 948.02(2) Second Degree Sexual Assault of a Child;
(14) Wis. Stats. § 948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child;
(15) Wis. Stats. § 948.05 Sexual Exploitation of a Child;
(16) Wis. Stats. § 948.055 Causing a Child to View or Listen to Sexual Activity;
(17) Wis. Stats. § 948.06 Incest with a Child;
(18) Wis. Stats. § 948.07 Child Enticement;
(19) Wis. Stats. § 948.075 Use of a Computer to Facilitate a Child Sex Crime;
(20) Wis. Stats. § 948.08 Soliciting a Child for Prostitution;
(21) Wis. Stats. § 948.095 Sexual Assault of a Student by Instructional Staff;
(22) Wis. Stats. § 948.11(2) (a) or (am) Exposing Child to Harmful Material-felony sections;
(23) Wis. Stats. § 948.12 Possession of Child Pornography;
(24) Wis. Stats. § 948.13 Convicted Child Sex Offender Working with Children;
(25) Wis. Stats. § 948.30 Abduction of Another’s Child;
(26) Wis. Stats. § 971.17 Not Guilty by Reason of Mental Disease-of an included offense; and
(27) Wis. Stats. § 975.06 Sex Crimes Law Commitment.
FACILITY FOR CHILDREN. 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).
OFFENDER. 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.
PERMANENT RESIDENCE. 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 Wisconsin Supreme Court and which may include more than on location, and may be mobile or transitory.
RECREATIONAL TRAIL. All parts and segments of the village park system walking trails and all parkway access trails leading from residential subdivisions to local parks.
SEXUAL VIOLENT OFFENSE. The meaning as set forth in Wis. Stats. § 980.01(06), as amended from time to time.
TEMPORARY RESIDENCE. Residence or premises meeting any of the following criteria:
(1) 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;
(2) 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
(3) A place where a person sleeps, or which qualifies as a temporary residence under the holdings of the Wisconsin Supreme Court, and which may include more than on location, and may be mobile or transitory.
(Ord. 07-2013, passed 12-12-2013)
(A) Restrictions. No offender shall reside, permanently or temporarily, 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) Public swimming pools;
(3) Public libraries;
(4) Recreational trails;
(5) Public playgrounds;
(6) Schools for children;
(7) Athletic fields used by children;
(8) Daycare facilities;
(9) Specialized schools for children, including, but not limited to, a gymnastics academy, dance academy, or music school;
(10) Aquatic facilities open to the public; and
(11) Facilities for children’s clubs, e.g., Boy Scout and Girl Scout Club 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 division (A) above.
(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 division (A) above does not commit a violation of this subchapter 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 residence prior to the effective date of the ordinance codified in this subchapter;
(3) The use enumerated in division (A) above began after the offender established a residence; and/or
(4) The offender is a minor or ward under guardianship.
(D) Additional restriction. In addition to and notwithstanding the forgoing, but subject to division (C) above, no person, who has been convicted of a sexually violent offense and/or crime against children, shall be permitted to reside, permanently or temporarily, in the village and no supervised release of such Wis. Stats. Ch. 980 sexually violent person shall be established in the village unless such person had lived in the village at the time of the offense resulting in the person’s most recent conviction for committing the sexually violent offense and/or crime against children.
(Ord. 07-2013, passed 12-12-2013)
It is unlawful for any person defined as an offender pursuant to § 130.072, 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.
(Ord. 07-2013, passed 12-12-2013)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances. In addition to any penalty imposed for violation of Wis. Stats. § 943.01(1), any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent of any un-emancipated minor child who violates Wis. Stats. § 943.01(1) may also be held liable for the cost of repairing such damaged or destroyed property in accordance with Wis. Stats. § 895.35.
(Prior Code, § 9.30)
(B) Any person who violates any provision of § 10.99.
(Prior Code, § 9.25)
(C) Any person who violates any provision of § 10.99.
(Prior Code, § 9.26)
(D) Any person convicted of a violation of § 130.014(C) shall be fined $50 for the first violation in any 12-month period; $75 for a second violation in any 12-month period; and $200 for a third or subsequent violation in any 12-month period.
(E) Any person who shall violate § 10.99.
(Prior Code, § 9.04)
(F) (1) Any drug paraphernalia used in violation of § 130.026 shall be seized and forfeited by the village.
(2) Any person who violates § 130.026(C) through (E) shall, upon conviction, be subjected to a forfeiture of not less than $100 and not more than $500, together with the costs of prosecution and, upon default of payment, be imprisoned in the county jail until the forfeiture and costs are paid, but not to exceed 90 days.
(3) Any person 17 years of age or over who violates § 130.026(D) by delivering drug paraphernalia to a person under 17 years of age who is at least three years younger than the violator shall, upon conviction, be subject to a forfeiture of not less than $200 and not more than $1,000 and, upon default of payment, be imprisoned in the county jail until the forfeiture and costs are paid, but not to exceed 90 days.
(4) Any person who violates § 130.026(C) through (E) who is under 17 years of age is subject to a disposition under state law.
(Prior Code, § 9.041)
(G) (1) In this division (G), VIOLATION means a violation of § 130.028(B)(1) and/or (B)(3) through (B)(5).
(2) A person who commits a violation is subject to a forfeiture of:
(a) Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(3) A court shall suspend any license or permit issued under Wis. Stats. §§ 134.65, 139.34, or 139.79 to a person for:
(a) Not more than three days if the court finds that the person committed a violation with 12 months after committing one previous violation;
(b) Not less than three days nor more than ten days if the court finds that the person committed a violation within 12 months after committing three or more other violations; or
(c) Not less than 15 days nor more than 30 days if the court finds that the person committed the violation within 12 months after committing three or more other violations.
(4) The court shall promptly mail notice of a suspension under division (G)(3) above to the Department of Revenue and to the Clerk of each municipality which has issued a license or permit to the person.
(5) Whoever violates § 130.028(B)(2) shall forfeit not more than $25.
(Prior Code, § 9.043)
(H) Any person who shall violate § 10.99.
(Prior Code, § 9.044)
(I) Any person found guilty of violating § 10.99, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation.
(Prior Code, § 9.11)
(J) Any person responsible for a spill or discharge who does not provide the notification required under § 10.99.
(K) Sections 130.070 through 130.073:
(1) Forfeitures. Any person found guilty of violating §§ 130.073 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.
(2) Injunction; violation of residency restrictions. If an offender establishes a permanent or temporary residence in violation of the residency restrictions contained in § 130.073, such violation interferes substantially with the comfortable enjoyment of life, health, safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the village in Circuit Court to permanently enjoin such residency as a public nuisance.
(Prior Code, § 9.20) (Ord. 102-94, passed 2-24-1994; Ord. 10-97, passed 6-26-1997; Ord. 11-97, passed 6-26-1997; Ord. 2-99, passed 5-13-1999; Ord. 04-2009, passed 10-8-2009; Ord. 07-2013, passed 12-12-2013)