A. Prohibited Location Of Residence: It is unlawful for any designated offender to establish a permanent residence or temporary residence within one thousand feet (1,000') of any school, licensed daycare center, park, recreational trail, playground, or place of worship.
B. Prohibited Loitering: It is unlawful for any designated offender to loiter within five hundred feet (500') of any school, licensed daycare center, park, trail, playground, place of worship, or any other place designated by the Village as a place where children are known to congregate.
C. Prohibited Activity: It is unlawful for any designated offender to participate in a holiday event involving children under eighteen (18) years of age, such as distributing candy or other items to children. Holiday events in which the offender is the parent or guardian of the children involved, and no nonfamilial children are present, are exempt from this paragraph. "Participation" is defined as actively taking part in the event.
D. Measurement Of Distance:
1. 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 permanent residence or temporary residence to nearest outer property line of a school, licensed daycare center, park, recreational trail, playground, place of worship or any other place designated by the Village as a place where children are known to congregate.
2. The Reedsville Police Department shall prepare an official map showing prohibited locations as defined by this section. The Reedsville Police Department shall also maintain the map on file at the Reedsville Police Department and update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.
E. Exceptions: A designated offender residing within a prohibited area as described in this section does not commit a violation of this section if any of the following apply:
1. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wisconsin Statutes section 301.45 before the effective date hereof.
2. The person is a minor and is not required to register under Wisconsin Statutes sections 301.45 or 301.46.
3. The school, licensed daycare center, park, recreational trail or playground within one thousand feet (1,000') of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wisconsin Statutes section 301.45.
4. The residence is also the primary residence of the person's parents, grandparents, siblings, spouse or adult children, provided that such parent, grandparent, sibling, spouse or adult child established the residence at least two (2) years before the designated offender established residence at the location.
F. Property Owners Prohibited From Renting Real Property To Certain Sexual Offenders And Sexual Predators:
1. It is unlawful to let or rent any place, structure, or part thereof, 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 this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in subsection A of this section, and not subject to an exception set forth in subsection E of this section.
2. A property owner's failure to comply with this section shall constitute a violation of this section and shall subject the property owner to the penalties set forth in section 4-6-5 of this chapter.
G. Appeal: The above one thousand foot (1,000') requirement may be waived upon approval of the Reedsville Village Board through appeal by the affected party. Such appeal shall be made in writing to the Village Clerk's Office, who shall forward the request to the Reedsville Village Board, which shall receive reports from the Village of Reedsville Police Department on such appeal. The Reedsville Village Board shall convene and consider the public interest, as well as the affected party's presentation and concerns. After deliberation, the Reedsville Village Board shall forward its decision in writing via the minutes or otherwise to the Village of Reedsville Police Department for their information and action. A written copy of the decision shall be provided to the affected party. (Ord. 2016-3, 4-14-2016)
H. Sexually Violent Person:
1. Sexually violent person is defined in section 980.01(7), Wisconsin Statutes, the terms of which are incorporated herein by reference.
2. Pursuant to and consistent with section 980.135, Wisconsin Statutes, the terms of this subsection H do not apply to a sexually violent person who is released under section 980.08, Wisconsin Statutes, or against a person who provides housing to the person, so long as the sexually violent person is subject to supervised release under chapter 980, Wisconsin Statutes, is residing where he or she is ordered to reside under section 980.08, Wisconsin Statutes, and is in compliance with all court orders issued under chapter 980, Wisconsin Statutes.
3. The provisions of section 980.08(4)(f), Wisconsin Statutes, pertaining to the supervised release and the supervised release plan requirements of a sexually violent person are incorporated herein by reference. The purpose of this subsection is to incorporate the same terms, conditions and plan for the placement of a sexually violent person for Municipal ordinance enforcement authority. (Ord. 2017-1, 4-13-2017)