(1)

Findings 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 the 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 section not to impose a criminal penalty but rather 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 sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

(2)

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

Child means a person who has not attained the age of 18 years.

Designated offender means any person who is required to register under Wis. Stats. § 301.45 for any sexual 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 (2m).

Minor means a person under the age of 17 years.

Permanent residence means a place where the person abides, lodges, or resides for 30 or more consecutive days, excluding Saturdays and Sundays.

Temporary residence means a place where the person abides, lodges or resides for a period of 30 or less days in the aggregate during any three-month period and which is not the person's permanent address or a place where the person routinely abides, lodges, or resides.

(3)

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, trail, playground, place of worship, or any other place designated by the city as a place where children are known to congregate.

(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 on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. 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 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, trail, playground, place of worship, or any other place designated by the city where children are known to congregate.

2.

The city clerk/treasurer shall maintain an official map showing prohibited locations as defined by this section. The clerk/treasurer shall 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.

(d)

Penalties. A person who violates this section shall be punished by a forfeiture not exceeding $500.00. Each day a person maintains a residence in violation of this section constitutes a separate violation. The city may also seek equitable relief.

(e)

Exceptions. A designated offender residing within a prohibited area as described in subsection (3)(a) of 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 Wis. Stats. § 301.45 before the effective date of the ordinance from which this section is derived.

2.

The person is a minor and is not required to register under Wis. Stats. § 301.45 or 301.46.

3.

The school, licensed day care center, park, trail, playground, place of worship, or any other place designated by the city as a place where children are known to congregate 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 Wis. Stats. § 301.45.

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.

5.

To the extent required by Wis. Stats. § 980.135, and notwithstanding the foregoing provisions of this chapter, the city hereby exempts and may not enforce any portion thereof that restricts or prohibits a sex offender from residing at a certain location or that restricts or prohibits a person from providing housing to a sex offender against an individual who is released under Wis. Stats. § 980.08, or against a person who provides housing to such individual, so long as the individual is subject to supervised release under Wis. Stats. ch. 980, the individual is residing where he or she is ordered to reside under Wis. Stats. § 980.08, and the individual is in compliance with all court orders issued under Wis. Stats. ch. 980.

(4)

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 section, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in subsection (3)(a) section.

(b)

A property owner's failure to comply with the provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions in subsection (3)(d) of this section as provided in this section.

(5)

Appeal.

(a)

Sex offender residence board. The above requirements may be waived upon approval of the sex offender residence board through appeal by the affected party. Such appeal shall be made to the city clerk/treasurer's office, who shall forward the request to the sex offender residence board, which shall receive reports from the police department on such appeal. The board shall convene and consider the public interest as well as the affected party's presentation and concerns. After deliberation, the board shall forward its decision in writing to the city police department for their information and action. A written copy of the decision shall be provided to the affected party.

(b)

Membership. The board shall consist of five citizens, three of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint, in writing to be filed with the secretary of the board, one member for a term of five years, subject to confirmation by the council.

(Ord. No. 1-2007(17.23), 9-5-2007; Ord. of 7-3-2013)