Sponsor
Alderman Hall
Title
Ordinance 07-13
An ordinance creating Chapter 3, Sections 3.1 - 3.12, of the general ordinances of the City of Racine, Racine County, Wisconsin relating to sexual offender residency restrictions.
Part 1: Chapter 3, Sections 3.1 - 3.12 of the City of Racine ordinances relating to Residency Restrictions for Sexual Offenders is hereby created to read as follows:
"Section 3.1. - Sexual offender residency restrictions.
(1) 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 likely to use physical violence; 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. Thus, the cost of sexual offenders to society at large is difficult to calculate.
(b) It is the intent of this ordinance not to impose a criminal penalty, but instead 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 the locations where children regularly congregate in concentrated numbers wherein certain sex offenders and sex predators are prohibited from entering or residing.
(2) Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
(a) "Child" or "Children" means person(s) under the age of eighteen (18) years for purposes of this ordinance.
(b) "Designated Offender" 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.
(c) "Minor" means a person under the age of seventeen (17) years.
(d) "Permanent Residence" means a place where the Designated Offender lodges or resides for fourteen (14) or more consecutive days.
(e) "Temporary Residence" means either: (1) a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; or, (b) a place where the person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's Permanent Residence.
(f) A "sexually violent offense" shall have the meaning as set forth in Wis. Stat. §980.01(6), as amended from time-to-time.
(g) A "crime against children" shall mean any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
§ 940.22(2) Sexual Exploitation by Therapist; § 940.30 False Imprisonment where victim was a minor and not the offender's child; § 940.31 Kidnapping where victim was minor and not the offender's child; § 944.01 Rape (prior statute); § 944.06 Incest; § 944.10 Sexual Intercourse with a Child (prior statute); § 944.11 Indecent Behavior With a Child (prior statute); § 944.12 Enticing Child for Immoral Purposes (prior statute); § 948.02(1) First Degree Sexual Assault of a Child; § 948.02(2) Second Degree Sexual Assault of a Child; § 948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child; § 948.05 Sexual Exploitation of a Child; § 948.055 Causing a Child to View or Listen to Sexual Activity; § 948.06 Incest with a Child; § 948.07 Child Enticement; § 948.075 Use of a Computer to Facilitate a Child Sex Crime; § 948.08 Soliciting a Child for Prostitution; § 948.095 Sexual Assault of a Student by School Instructional Staff; § 948.11(2)(a) or (am) Exposing Child to Harmful Material, felony sections; § 948.12 Possession of Child Pornography; § 948.13 Convicted Child Sex Offender Working with Children; § 948.30 Abduction of Another's Child; § 971.17 Not Guilty by Reason of Mental Disease, of an included offense; and § 975.06 Sex Crimes Law Commitment.
Section 3.2. - Prohibited location of residence for designated sex offenders.
(1) Child Safety Zones. No designated sex offender shall establish a permanent residence or temporary residence on property that is within 1,000 feet of real property consisting of any of the following:
(a) A "public school" as defined by Wis. Stat. § 115.01(1); a "private school" as defined by Wis. Stat. § 115.001(3); a "charter school" as defined by Wis. Stat. § 115.001(1); a "specialty school," meaning any specialized school for children, including, but not limited to, a gymnastics academy, dance academy, or music school.
(b) A "day care center" means a facility that has been licensed under Wis. Stat. § 48.65 to provide care and supervision of children and includes "before-and-after-school daycare," which has the meaning as defined by Wis. Stat. § 120.125(1).
(c) A "library" means any library that is held open for use by the public where such library includes a collection of material specifically intended for use by children.
(d) A "park" means any area held open for use by the public for active or passive leisure purposes, including, but not limited to, any park, recreation area or beach.
(e) A "playground" means any public outdoor area set aside for recreation and play and includes any area with playground equipment including, but not limited to, swings, slides, sandboxes, seesaws, and any area where athletics may be played and is public property.
(f) "House of Worship" means a church, synagogue, mosque, temple or any other building where congregations gather for prayer.
(g) "Swimming pool" means any swimming pool, wading pool, or other aquatic facility held open for use by the public.
(2) Original Domicile Restriction. In addition to and not the exclusion or prejudice of the foregoing, no designated sex offender shall be permitted to reside in the City of Racine unless the person was domiciled in the City of Racine at the time of the offense resulting in the person's most recent conviction or a designated sex offender crime.
(3) Distances. For purposes of this section, distances 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(s). A map depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time-to-time, is on file at the Office of the City Clerk for public inspection pursuant to Section 3.6 of this ordinance.
(4) Exceptions. A designated sex offender residing within a prohibited area as described in Section 3.2(1) or 3.2(2) does not commit a violation of Section 3.2 if any of the following apply:
(a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wisconsin Statute § 301.45 before the effective date of this Ordinance.
(b) The person was a minor at the time of the offense and is not required to register under Wisconsin Statute § 301.45 or § 301.46.
(c) The applicable use described in Section 3.2(1) began after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wisconsin Statutes § 301.45.
(d) The residence is also the primary residence of the designated sex offender's parents, grandparents, siblings, spouse or child(ren), provided that such person established the residence at least one (1) year before the designated sex offender established residence at the location.
(5) This ordinance is not intended to limit any persons from exercising their right to assemble or engage in any other constitutionally protected activity. The ordinance only applies to individuals with the requisite intent to induce or lure a child away from a child's location within a child safety zone.
Section 3.3. - Child Safety Zones.
No designated sex offender shall enter, loiter or otherwise be present upon any real property designated as a child safety zone.
Section 3.4. - Child Safety Zone Exceptions.
A person does not commit a violation of Sec. 3.3 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 Section 3.2 also supports a church, synagogue, mosque, temple, or other house of religious worship, subject to the following conditions:
(a) Entrance and presence upon the property occurs only during hours of worship or other religious program / services as posted to the public; and
(b) Written advance notice is made from the person to an individual in charge of the property and approval from an individual in charge of the property as designated by the property 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 Section 3.2 also supports a use lawfully attended by a person's natural or adopted child(ren), 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; and
(3) The property surrounding an enumerated use under Section 3.2 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 designated sex offender vacates the property immediately after voting; and
(4) The attendance is authorized by the designated sex offender's conditions of supervision, if on parole.
Section 3.5. - Other prohibited activity.
It is unlawful for any designated sex offender to participate in a holiday event in the City of Racine involving one or more child by means of: distributing candy or other items to such child or children on Halloween; wearing a Santa Claus costume on, or during any of the thirty days preceding Christmas; wearing an Easter Bunny costume on or during any of the thirty days preceding Easter; or by engaging in any other similar type(s) of activity that may, under the circumstances then present, tend to entice a child to have contact with a designated sex offender. Holiday events in which the designated sex offender is the parent or legal guardian of the child or children involved, and no other children are present, are exempt from this paragraph.
Section 3.6. - Child safety zone map.
The City Clerk shall maintain an official map showing locations identified in 3.2(1) of this ordinance. The City Clerk shall cause such map to be updated at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as "child safety zones." The map is to be displayed in the office of the City Clerk in the event of a conflict, the written terms of this ordinance shall control.
Section 3.7. - Penalties.
(1) Any violation of this section shall be subject to a forfeiture not exceeding $1,000.00. Each day of each violation shall constitute a separate offense.
(2) Violation of this ordinance shall constitute a public nuisance, which, in addition to monetary forfeitures shall be subject to action by the City to abate and enjoin such nuisance.
Section 3.8. - Injunctive relief.
If a person violates any provision of this section listed above, without any exception(s) as also set forth above, the City 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 section, 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 City in the Circuit Court for Racine County to permanently enjoin such residence as a public nuisance.
Section 3.9. - Property owners prohibited from renting real property to sexual offenders.
It is unlawful to let or rent any place, structure or part thereof, manufactured home, 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 by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this ordinance, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 1,000 feet of any prohibited locations, which is not currently rented to a designated offender.
Section 3.10. - Notification.
Consistent with State requirements, the State agency working with the sex offender must notify the Alderman of the District and the Racine Police Chief a minimum of twenty-eight (28) days prior to establishing either a permanent residence or temporary residence within the City of Racine.
Section 3.11.-Appeal for an exemption.
(1) A designated offender may seek an exemption from this ordinance by appealing to the Sex Offender Residency Board.
(2) The Board shall consist of three citizens. After the initial appointment of members to a term of one, two and three years, the Mayor shall annually, between the last Monday of April and the first Monday of May, appoint one member for a term of three years, subject to confirmation by the Common Council.
(3) The Board shall approve of an official appeal form. An offender shall fill in the official form and submit it to the City Clerk, who shall forward it to the Board. The Board shall hold a hearing on each appeal, during which the Board may review any pertinent information and may accept oral and written statements from any person. The Board shall consider the public interest as well as the affected party's presentation and concerns. In making its determination under this provision, the Board may consider any or all of the following factors that may be applicable in the particular request:
a. The circumstances of the case(s) that have led to the designated offender status including:
i. Relationship of offender and victim.
ii. Presence or use of force
iii. Presence of enticement
iv. Proximity in time
v. Time out of incarceration
vi. Credibility of offender
vii. Remorse
viii. Proximity of proposed residence to a child safety zone
ix. Support network of offender
x. Counseling and treatment history
(4) The Board shall decide by majority vote whether to grant or deny an exemption. An exemption may be unconditional or to a certain address or time. A written copy of the decision shall be provided to the police department for their information and to the affected party. Any decision of the Board may be appealed to Circuit Court.
3.12. - Severability.
The provisions of any part of this chapter are severable. If any provisions or subsection hereof or the application thereof to any person or circumstances, is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this chapter that the same would have been adopted had such invalid provisions, if any, not been included herein.
Part 2: This ordinance shall take effect upon passage by a majority vote of the members-elect of the City Common Council and publication or posting as required by law.
Passed by the Common Council:
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Approved:
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Mayor
Attest:
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City Clerk
Fiscal Note: N/A