Cedar Grove Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Sexual Offender Residency Restrictions
[Added 2009]
§ 250-43 Finding and intent.
A.
Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses; and most sexual 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 sexual offender victimization to society at large, while incalculable, clearly exorbitant.
B.
It is the intent of this article 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 areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
§ 250-44 Definitions.
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:
CHILD
A person under the age of 16, for the purposes of this article.
DESIGNATED OFFENDER
Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child or any person who is required to register under § 301.45, 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.
§ 250-45 Sexual offender and sexual predator residence; prohibition; penalties; exceptions.
A.
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, licensed day-care center, park, recreational trail, playground or place of worship.
B.
Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 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 non-familial children are present, are exempt from this subsection. "Participation" is to be defined as actively taking part in the event.
C.
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 day-care center, park, recreational trail, playground or place of worship.
(2)
The Village Engineer shall prepare, maintain and file with the Village Clerk an official map showing prohibited locations as defined by this article. The Engineer shall update the map at least annually to reflect any changes in the location of prohibited zones and file said updated map with the Village Clerk. These shall be designated on the map as "child safety zones."
D.
Penalties. A person who violates any provision of this article shall be subject to a penalty as provided by § 1-4 of this Municipal Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Exceptions. A designated offender residing within a prohibited area as described in Subsection A 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 § 301.45, Wis. Stats., before the effective date of this article.
(2)
The person is a minor and is not required to register under § 301.45 or § 301.46, Wis. Stats.
(3)
The school, licensed day-care center, park, recreational trail or playground within 2,000 feet 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 § 301.45, Wis. Stats.
(4)
The residence is also the primary residence of the person's parents, grandparents, siblings, spouse or children, provided that such parent, grandparent, sibling, spouse or child established the residence at least two years before the designated offender established residence at the location.
§ 250-46 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties.
A.
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 article if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in this chapter, and not subject to an exception set forth above.
B.
A property owner's failure to comply with this section shall constitute a violation of this article, and shall subject the property owner to the penalties set forth in this chapter.
§ 250-47 Appeal.
The above 2,000-foot requirements may be waived upon approval of the Law and Safety Committee 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 Village Board for referral to the Law and Safety Committee, which shall receive reports from the policing authority on such appeal. The Law and Safety Committee shall convene and consider the public interest as well as the affected party's presentation and concerns. After deliberation, the Law and Safety Committee shall forward its decision, in writing, via the minutes or otherwise to the Village policing authority for their information and action. A written copy of the decision shall be provided to the affected party.