§ 34-3. Residency restrictions for sex offenders; directing action for injunctive relief for violation thereof.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Crime against children shall mean any of the following offenses set forth within the Wisconsin Statutes, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:

Wis. Stats. § 940.225(1), first degree sexual assault;

Wis. Stats. § 940.225(2), second degree sexual assault;

Wis. Stats. § 940.125(3), third degree sexual assault;

Wis. Stats. § 940.22(2), sexual exploitation by therapist;

Wis. Stats. § 940.30, false imprisonment—victim was minor and not the offender's child;

Wis. Stats. § 940.31, kidnapping—victim was minor and not the offender's child;

Wis. Stats. § 944.01, rape (prior statute);

Wis. Stats. § 944.06, incest;

Wis. Stats. § 944.10, sexual intercourse with a child (prior statute);

Wis. Stats. § 944.11, indecent behavior with a child (prior statute);

Wis. Stats. § 944.12, enticing child for immoral purposes (prior statute);

Wis. Stats. § 948.02(1), first degree sexual assault of a child;

Wis. Stats. § 948.02(2), second degree sexual assault of a child;

Wis. Stats. § 948.025, engaging in repeated acts of sexual assault of the same child;

Wis. Stats. § 948.05, sexual exploitation of a child;

Wis. Stats. § 948.055, causing a child to view or listen to sexual activity;

Wis. Stats. § 948.06, incest with a child;

Wis. Stats. § 948.07, child enticement;

Wis. Stats. § 948.075, use of a computer to facilitate a child sex crime;

Wis. Stats. § 948.08, soliciting a child for prostitution;

Wis. Stats. § 948.095, sexual assault of a student by school instructional staff;

Wis. Stats. § 948.11(2)(a) or (am), exposing child to harmful material felony sections;

Wis. Stats. § 948.12, possession of child pornography;

Wis. Stats. § 948.13, convicted child sex offender working with children;

Wis. Stats. § 948.30, abduction of another's child;

Wis. Stats. § 971.17, not guilty by reason of mental disease of an included offense; and

Wis. Stats. § 975.06, sex crimes law commitment.

Person means 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.

Residence means the place where a person sleeps, or which qualifies as a residence under the holdings of the Wisconsin Supreme Court, and which may include more than one location, and may be mobile or transitory.

Sexually violent offense means as set forth in Wis. Stats. § 980.01(6).

(b)

Purpose. This section is a regulatory measure aimed at protecting the health and safety of children in the village from the risk that convicted sex offenders may reoffend in locations close to their residences. The village finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex 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 in addition to the protections afforded by state law near schools, day care centers and other places children frequent. The village finds and declares that in addition to schools and day care centers, children congregate or play at public parks.

(c)

Residency restrictions. A person shall not reside within 1,500 feet of the real property comprising any of the following:

(1)

Any facility for children (which means 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 foster home as defined in Wis. Stats. § 48.02(6), a treatment foster home as defined in Wis. Stats. § 48.02(17q), a day care center licensed under Wis. Stats. § 48.65, a day care program established under Wis. Stats. § 120.13(14), a day care provider certified under Wis. Stats. § 48.651, or a youth center as defined in Wis. Stats. § 961.01(22)); and/or

(2)

Any facility used for:

a.

A public park, parkway, parkland, park facility;

b.

A public swimming pool;

c.

A public library;

d.

A recreational trail;

e.

A public playground;

f.

A school for children;

g.

Athletic fields used by children;

h.

A movie theatre;

i.

A day care center;

j.

Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;

k.

A public or private golf course or range; and

l.

Aquatic facilities open to the public.

The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above-enumerated use.

(d)

Residency restriction exceptions. A person residing within 1,500 feet of the real property comprising any of the uses enumerated in subsection (c)(2) of this section does not commit a violation of this chapter if any of the following apply:

(1)

The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

(2)

The person has established a residence prior to the effective date of the ordinance from which this section is derived which is within 1,500 feet of any of the uses enumerated in subsection (c)(2) of this section, or such enumerated use is newly established after such effective date and it is located within such 2,000 feet of a residence of a person which was established prior to the effective date of the ordinance from which this chapter is derived.

(3)

The person is a minor or ward under guardianship.

(e)

Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to subsection (d) of this section, no person and no individual who has been convicted of, or adjudicated delinquent for, or been found guilty by reason of mental disease or defect of a sexually violent offense and/or a crime against children shall be permitted to reside in the village, unless such person was domiciled 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.

(f)

Child safety zones. No person shall enter or be present upon any real property upon which there exists any facility used for or which supports a use of:

(1)

A public park, parkway, parkland, park facility;

(2)

A public swimming pool;

(3)

A public library;

(4)

A recreational trail;

(5)

A public playground;

(6)

A school for children;

(7)

Athletic fields used by children;

(8)

A movie theatre;

(9)

A day care center;

(10)

Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;

(11)

A public or private golf course or range;

(12)

Aquatic facilities open to the public; and

(13)

Any facility for children (which means 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 foster home as defined in Wis. Stats. § 48.02(6), a treatment foster home, as defined in Wis. Stats. § 48.02(17q), a day care center licensed under Wis. Stats. § 48.65, a day care program established under Wis. Stats. § 120.13(14), a day care provider certified under Wis. Stats. § 48.651, or a youth center as defined in Wis. Stats. § 96.01(22)).

(g)

Child safety zone exceptions. A person does not commit a violation of subsections (d) and (e) of this section, and the enumerated uses may allow such person on the property supporting such use if any of the following apply:

(1)

The property supporting an enumerated use under subsection (d)(2) of this section also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:

a.

Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and

b.

Written advance notice is made from the person to an individual in charge of the church and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and

c.

The person shall not participate in any religious education programs which include individuals under the age of 18.

(2)

The property supporting an enumerated use under subsection (d)(2) of this section also supports a use lawfully attended by a person's natural or adopted child, which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:

a.

Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

b.

Written advance notice is made from the person to an individual in charge of the use upon the property and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.

(3)

The property supporting an enumerated use under subsection (d)(2) of this section also supports a polling location in a local, state or federal election, subject to the following conditions:

a.

The person is eligible to vote;

b.

The designated polling place for the person is an enumerated use; and

c.

The person enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate; and the person vacates the property immediately after voting.

(4)

The property supporting an enumerated use under subsection (d)(2) of this section also supports an elementary or secondary school lawfully attended by a person as a student under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.

(h)

Violations. If a person violates any provision of this section by establishing a residence or occupying residential premises within 2,000 feet of those premises as described herein, without any exception as also set forth above, the village attorney, upon referral from the chief of police and the written determination by the chief of police that upon all of the facts and circumstances and the purpose of this chapter, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the village in the circuit court to permanently enjoin such residency as a public nuisance. If a person violates any provision of this section, in addition to the aforesaid injunctive relief, such person shall be punished as provided in section 1-7.

(i)

Exceptions to residency requirements upon appeal. Any registered sex offender aggrieved by the provisions of this section, for the sole purpose of establishing residency within the village limits, but which residence would otherwise be prohibited by the provisions of this section, may appeal the denial of a particular residency location to the village board. The chief of police, or his designate, shall provide a recommendation to the person taking such an appeal. The chief of police, his designate, or any other person having an interest in the outcome of the proceedings may appear and be heard by the village board. The person seeking the exception to the foregoing residency requirement shall be given notice of the hearing, and shall have the opportunity to appear and present any reasons, facts, evidence, or arguments in support of such appeal. Upon the close of the hearing testimony, the village board shall consider the following:

(1)

The nature of the offense that put the person on the registry.

(2)

The age of the offense.

(3)

Recommendation of probation officer or parole officer.

(4)

Recommendation of police department.

(5)

Treatment or rehabilitation status of defendant.

(6)

Character of surrounding area relative the character of the defendant, treatment, or the prior offense or offenses.

(7)

Recommendation of any treating practitioner.

(8)

Proposals for safety assurances of defendant.

(9)

Conditions to be placed on any exception or variance from the requirements of the ordinance.

(10)

Any other matter considered relevant to the determination of the village board.

The decision of the village board shall be final, and is subject to appeal directly to the Circuit Court of Milwaukee County. A transcript of the proceedings by a certified court reporter shall be maintained, and available to the appellant or any requesting party for the actual and direct costs of the transcript. The village clerk shall maintain the record of the proceedings, and make such transcript, and any other matters placed on file by the village board, available as the record on appeal.

(Ord. No. 07-05, § II, 11-5-2007; Ord. No. 17-12, § I, 10-2-2017)