§ 46-165. Sex offenders.

(a)

Residency restrictions for sex offenders.

(1)

Findings and intent. The common council finds that repeat sex offenders, sex offenders who use physical violence, and sex offenders who prey on children are sex predators who present an extreme threat to the public safety. Sex offenders are extremely likely to use physical violence and to repeat their offenses; and most sex offenders 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, while incalculable, clearly exorbitant. It is the intent of this section not to impose a criminal penalty but to serve the city's compelling interest to promote, protect, and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sex offenders and sex predators are prohibited from establishing temporary or permanent residence.

(2)

Definitions. For the purposes of this section:

a.

Child means a person under the age of 18 years.

b.

Designated offender means any person who is required to register under Wis. Stats. § 301.45, for any offense against a child or any person who is required to register under Wis. Stats. § 301.45, and who has been designated a special bulletin notification (SBN) sex offender pursuant to Wis. Stats. §§ 301.46(2) and 301.46(2m).

c.

Residence (reside) means the place where a person sleeps, which may include more than one location, and may be mobile or transitory.

(3)

Residency restriction.

a.

Restriction. A designated offender shall not establish a residence or reside within 1,000 feet of any school, licensed day-care center, park, recreational trail, or any other place where children are known to congregate.

b.

Measurement of distance.

1.

The distance shall be measured by following a straight line from a point on the outer property line nearest to the point on the other property line of a school, licensed day-care center, park, recreational trail, playground or any other place designated by the city as a place where children are known to congregate.

2.

The city clerk shall maintain an official map showing prohibited locations. The city clerk shall update the map at least annually to reflect any changes in the prohibited locations. These prohibited locations shall be designated on the map as "child safety zones."

(4)

Residency restriction exceptions. A designated offender residing within a prohibited area as specified in subsection (a)(3) does not commit a violation of this section if any of the following applies:

a.

The person established a residence and reported and registered the residence as provided in Wis. Stats. § 301.45, before the effective day of this section.

b.

The person was under 17 years of age and is not required to register under Wis. Stats. §§ 301.45 or 301-46.

c.

The school, licensed day-care center, park, recreational trail, or any other place where children are known to congregate within 200 feet of the person's residence was opened after the person established the residence and reported and registered the residence as provided in Wis. Stats. § 301.45.

d.

The residence is also the primary residence of the person's spouse, parents, grandparents, siblings or children, provided that the spouse, parents, grandparents, siblings or children established the residence at least one year before the designated offender established residence at the location.

(5)

Original domicile restriction. In addition to the restrictions of subsection (a)(3), but subject to subsection (a)(4), no designated offender who has been convicted of a sexually violent offense or a crime against a child shall be permitted to reside in the city, unless such person was domiciled in the city at the time of any offense resulting in a person's conviction for committing the sexually violent offense or crime against a child.

(6)   

Penalty. A designated offender who violates subsection (a)(3) shall be subject to a forfeiture of not less than $1,000.00 nor more than $2,500.00 for each violation and in default of payment may be imprisoned as provided by law. Each day a violation continues shall constitute a separate offense. The city may also seek equitable relief.

(b)

Loitering of sex offenders.

(1)

Loitering. It shall be unlawful for any person defined as a designated offender under subsection [46-165](a)(2) to loiter or prowl, in the locations specified in section [46-165](a)(3), in a place, at a time, or in 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 police 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 impracticable, a police 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 and explain his or her presence and conduct at the locations specified in section [46-165](a)(3). No person shall be convicted of an offense under this section if the police 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 police officer at the time, would have dispelled the alarm.

(2)

Exceptions. This section shall not apply where the person was accompanied by his or her parent, guardian or other adult person having his or her care, custody or control, or where that person was exercising First Amendment rights protected by the U.S. Constitution or Wisconsin Constitution, including freedom of speech, the free exercise of religion, or the right of assembly.

(3)

Penalty. Any person violating this section, upon conviction, shall forfeit not less than $500.00 nor more than $5,000.00, and in default of payment may be imprisoned as provided by law.

(c)

Appeals.

(1)

Appeals process. Appeals for exceptions outside those enumerated above are to be referred to the chief of police to be processed as follows:

a.

The chief of police is authorized to grant temporary exceptions to the sex offender restricted zone restrictions established in subsection (a)(3) to allow a person to be within a sex offender restricted zone temporarily for events such as a family reunion in a park, special event at or within a restricted zone involving a person's child or spouse, or other similar type situations.

b.

For all other applications for exceptions, the chief of police shall call a special meeting of a committee to review the application. The committee shall be made up of:

1.

Chief of police;

2.

Council president;

3.

Mayor;

4.

Wisconsin Department of Corrections representative, as a nonvoting advisory member.

c.

Standards for granting exceptions. To grant an exception, the committee must find that:

1.

There are circumstances unique to the person that would not be common among other persons subject to this section, and that application of the section to the person would cause an extreme hardship to that person because of these unique circumstances.

2.

Granting the exception will not be detrimental to the public health, safety or welfare of the community or to the neighborhood for which the exception is sought.

3.

Granting the exception will not violate the spirit and the general and specific purposes of this section.

4.

To be approved, an exception must receive a majority vote of the committee members.

d.

All exceptions granted are to be documented. The document is to be maintained by the police department and will be released upon a Wisconsin open records request in proper form as specified in § 19.31 to § 19.39.

(d)

State statutes reference.

Wis. Stats. § 940.225(1)	First degree sexual assault
Wis. Stats. § 940.225(2)	Second degree sexual assault
Wis. Stats. § 940.225(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. § 944.02	Rape (prior statute, see now 940.225)
Wis. Stats. § 944.06	Incest
Wis. Stats. § 944.10	Sexual intercourse with a child (prior statute, see now 948.02)
Wis. Stats. § 944.11	Indecent behavior with a child (prior statute, see now 948.02)
Wis. Stats. § 944.12	Enticing child for immoral purposes (prior statute, see now 948.07)
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. § 948.08	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 § 948.11(2)(am)	Exposing a 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 or an included offense
Wis. Stats. § 975.06	Sex crime law commitment

 

(Ord. of 9-4-2018(2))