ORDINANCE
NO. 6-09
RESTRICTED
ZONES
WHEREAS,
the Wisconsin Statutes provide for the punishment, treatment and supervision of
persons convicted or otherwise responsible for sex crimes against children and
adults, including their release into the community; and
WHEREAS,
Chapter 980 of the Wisconsin Statutes provides for the civil commitment of
sexually violent persons, a more dangerous type of sex offender, and
specifically, at §980.08, Stats., following such commitment, under certain
conditions, provides for the supervised release of such persons into the
community; and
WHEREAS,
the City of Hudson places a high priority on maintaining public safety through
highly skilled and trained law enforcement as well as dependency upon laws that
deter and punish criminal behavior; and
WHEREAS,
the Common Council has reviewed the findings of a number of the Legislatures of
these United States, including but not limited to Wisconsin, Minnesota and
Iowa, as well as additional material published on restrictions as they pertain
to laws adopted which relate to and in part impose restrictions upon sex
offenders with respect to residence and restricted zones; and
WHEREAS, the Council has been
advised of studies that conclude that sexual offenders are at a high risk of
recidivism and advised of studies that disagree with that conclusion; however,
the studies seem to agree that sexual assault is a highly underreported crime,
thus sexual offense recidivism rates are likely to be underreported as well.
WHEREAS,
the Common Council has also been advised of the decision of the United States
Court of Appeals for the 8th Circuit, in Doe v. Miller, 405 f.3d
700,716, (ith Cir. 2005), providing in part:
“The record does not support a conclusion that the Iowa General Assembly
and the Governor acted based merely on negative attitudes toward, fear of, or a
bare desire to harm a politically unpopular group. [Citation omitted]. . . .
the parties presented expert testimony that reducing opportunity and
temptation is important to minimizing the risk of re-offense. Even experts in
the field could not predict with confidence whether a particular sex offender
will re-offend, whether an offender convicted of an offense against a teenager
will be among those who “cross over” to offend against a younger child, or the
degree to which regular proximity to a place where children are located
enhances the risk of re-offense against children. One expert in the district court opined that
it is just “common sense” that limiting the frequency of contact between sex
offenders and areas where children are located is likely to reduce the risk of
an offense. [Citation omitted]. The policymakers of
WHEREAS, the Common Council intends
to codify, in the Municipal Code in furtherance of the protection of the safety
of its citizens and for the proposition that municipalities be responsible for
as well as to their own citizens, the policy of the Wisconsin Department of
Health and Family Services and the Wisconsin Department of Corrections, that no
Special Bulletin Notification (SBN) person shall be placed on parole, extended
supervision or monitoring in a residence in the City of Hudson unless such
person was domiciled in the City of Hudson at the time of the offense; and
WHEREAS,
the Common Council having considered a proposed amendment to the Municipal Code
to establish sexual offender restricted zones and residency restrictions for sex offenders to further protect
children, and upon all of the records
and files and reports and proceedings pertaining to the subject matter, and
all of the prior actions and experience of the City of Hudson in protecting the
community from sexually violent
persons, finds the proposed amendments will serve to protect the health, safety
and welfare of the Community.
NOW,
THEREFORE, the Mayor and Common Council of the City of Hudson, Wisconsin, do
ordain as follows:
SECTION
1: Section 187-19 of the Municipal Code of the City of Hudson, Wisconsin, is
hereby created to read as follows:
"Section
187-19
SEX
OFFENDER RESTRICTED ZONES WITHIN 150 FEET OF;
§
187-19A. Purpose.
§
187-19B.. Definitions.
§
187-19C. Residence restrictions.
§
187-19D. Residence restriction exceptions.
§
187-19E. Original domicile restriction.
§
187-19F. Sex Offender Restricted Zones.
§
187-19G. Sex Offender Restricted Zone exceptions.
§
187-19H. Appeals Process
§
187-19I. Violations of residency restrictions
§
187-19J. Violations of Sex Offender Restricted Zones
§
187-19A. Purpose.
This
Chapter is a regulatory measure aimed at protecting the health and safety of
children in
§
187-19B. Definitions.
As
used in this Chapter and unless the context otherwise requires:
1.
A “sexually violent offense” shall have the meaning as set forth in Wis. Stat. §
980.01(6), as amended from time to time.
2.
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:
§940.225(1)
First Degree Sexual Assault;
§940.225(2)
Second Degree Sexual Assault;
§940.225(3)
Third Degree Sexual Assault;
§940.22(2)
Sexual Exploitation by Therapist;
§940.30
False Imprisonment-victim was minor and not the offender’s
child;
§940.31
Kidnapping-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.
3.
“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, or been required by
any court to register under Wis. Stat. 301.45 for any offense against a child.
4.
"Residence" (“reside”) means the place where a person sleeps, which
may include more than one location, and may be mobile or transitory.
5. “
§
187-19C. Residence restrictions.
A
Person shall not reside within two hundred (200) feet of the real property
comprising any of the following:
1.
Any facility for children (which means a public or private school, a group
2.
Any facility used for:
(a)
a public or private park, parkway, parkland, park facility;
(b)
a public library;
(c)
the following recreational trails:
Extension of Coons Hill trail south of
(d)
a public or private playground;
(e)
athletic facilities used by children, not including golf courses;
(f) property used for a school forest
The
distance shall be measured from the closest boundary line of the real property
§
187-19D. Residence restriction exceptions.
A
Person residing within two hundred (200)
feet of the real property comprising any of the uses enumerated in § 187-19C
above, 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 this Ordinance, which is within two hundred (200) feet
of any of the uses enumerated in § 187-19C above, or such enumerated use is
newly established after such effective date and it is located within such two
hundred feet of a residence of a Person which was established prior to the
effective date of this Chapter.
3. The Person is a minor or ward under
guardianship.
4. The Person is required to appear in
§
187-19E. Original domicile restriction.
In addition to and notwithstanding
the foregoing, but subject to §187-19D above, no Person and no individual who
has been labeled a Special Bulletin Notification (SBN) and is still on parole,
extended supervision or monitoring shall be permitted to reside in the City of
Hudson, unless such Person was domiciled in the City of Hudson at the time of
the offense.
§
187-19F. Sex Offender Restricted Zones.
It
shall be unlawful for any Person to do any of the following:
(1) Enter or be physically present within the boundaries
of any school, park, daycare facility, or other use defined in §
187-19C.
(2) Loiter within 150 feet of the boundary of any such school,
park, daycare facility or other use defined in § 187-19C. Loiter shall
include, but not be limited to, lingering in an apparent aimless way, spending
time idly, walking or moving slowly and indolently with frequent stops and
pauses, or not moving at all, 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 children in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the Person takes flight upon
appearance of a law enforcement officer, refuses to identify himself or herself
or manifestly endeavors to conceal himself or herself or any object. Unless flight by the Person or other
circumstances makes it impractical, a law enforcement officer shall prior to
any arrest for an offense under this section, afford the Person an opportunity
to dispel any alarm which would explain his or her presence and conduct at the
locations identified above. No Person
shall be convicted of an offense under this section if the law enforcement
officer did not comply with the preceding sentence, or if it appears at trial
that the explanation given by the Person was true, and, if believed by the law
enforcement officer at the time, would have dispelled the alarm.
(3) Use
photography, video equipment or any kind of surveillance equipment of any
location defined in defined in §
187-19C.
A
map depicting the locations of the real property
§
187-19G Sex Offender Restricted Zone exceptions.
A
Person does not commit a violation of §187-19F above and the enumerated uses
may allow such Person on the property
1. The
property
(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 written 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.
The written approval shall state the dates for which it is in effect.
2. The
property
(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 written 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. The written
approval shall state the dates for which it is in effect.
3. The
property
(A)
The Person is eligible to vote; The designated polling place for the person is
an enumerated use; and
(B)
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
5. With respect to other private
properties/entities/organizations that support an enumerated use:
(A)
Written advance notice and application is made from the Person to an
individual in charge of the use upon the property and written 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.
The written approval shall state the dates for which it is in effect.
(B)
The Person’s entrance and presence upon the property occurs only as provided in
the written approval.
§
187-19H. 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 Section 187 F, 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 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.
WI Department of Corrections
representative
3.
Representative from the public
safety committee
4.
Mayor of the City of
5.
Community member at large
(
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 Ordinance, and that application of the ordinance 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 Ordinance.
4. To
be approved, an exception must receive an affirmative vote of four of the
committee members.
(D)
All exceptions granted are to be documented. The document to be maintained by
the police department.
(E)
A copy of all exceptions granted will be available from the City of
§
1. Residence restriction violations
If
a Person violates § 187-19D, above, by establishing a residence or occupying
residential premises within Two Hundred
(200) feet of those premises as described therein, 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 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 City in the Circuit Court for St. Croix County to
permanently enjoin such residency as a violation of this Ordinance and as a public
nuisance. In addition to the aforesaid injunctive
relief, such person shall be subject to the general penalty provisions set
forth under § 1-18 of the Municipal Code with the following minimum penalties:
(a) A
forfeiture of at least $250 plus any applicable court costs for a first
violation.
(b) A
forfeiture of at least $500 plus any applicable court costs for a second or
subsequent violation.
(c)
Each day a violation continues shall constitute a separate offense. In
addition, the City may undertake all other legal and equitable remedies to
prevent or remove a violation of this section.
2. Sex Offender Restricted Zone violations.
If
a person violates § 187-19F, above, by being present within a Sex Offender
Restricted Zone.
(a) A
forfeiture of at least $1000 a mandatory court appearance, plus any applicable
court costs for a first violation.
(b) A
forfeiture of at least $2500 a mandatory court appearance, plus any applicable
court costs for a second or subsequent violation.
SECTION
2: The terms and provisions of this ordinance are severable. If any term, provision, or a portion of this
ordinance is found to be invalid by a court of competent jurisdiction, the
remaining terms and provisions shall remain in full force and effect.
SECTION
3: All ordinances and parts of ordinances in contravention to this ordinance
are hereby repealed.
SECTION
4: This ordinance shall take effect and be in effect from and after its passage
and publication as required by law.
Introduced
at a regular meeting of the Common Council of the City of
4th
day of May, 2009.
Passed
and adopted at a regular meeting of the Common Council of the City of Hudson
this 15th day of June, 2009.
APPROVED: Dean R. Knudson, Mayor