§ 54-132. Findings and intent.

(a)

The Wisconsin legislature has provided for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community. Indeed, W.S.A., ch. 980, provides for the civil commitment of sexually violent persons. The purpose of this article is to protect the public, to reduce the likelihood that convicted sex offenders will engage in such conduct in the future.

The United States Supreme Court has recognized that the risk of recidivism posed by sex offenders is high, and when convicted sex offenders re-enter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. See Smith v. Doe, 538 US 84, 123 S.Ct. 1140, 155 L.Ed. 2d 164 (2003) and McKune v. Lile, 536 US 24, 34, 122 S.Ct. 2017, 153 L.Ed.2d 47 (2002), citing United States Department of Justice Bureau of Justice Statistics, Sex Offenses and Offenders, 27 (1997) U.S. Department of Justice Bureau of Justice Statistics Recidivism of Prisoners Released in 1983 (1997).

The village board has reviewed research on sex offenders, including the findings of a number of states across the United States, including, but not limited to, Florida, Georgia, Alabama, Iowa and California as they pertain to laws adopted and which relate to imposing restrictions on sex offenders with respect to residency; and in addition, the United States Court of Appeals for the 8th Circuit Decision on Doe v. Miller, 405 F.3d 700, 716 (8th 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 or fear of, or a bare desire to harm a politically unpopular group (citations omitted). Sex offenders have a high rate of recidivism and 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 reoffend, 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 (citations omitted). The policymakers of Iowa are entitled to employ such "common sense" and we are not persuaded that the means selected to pursue the state's legitimate interest are without rational basis".

The board finds the negative consequences of failing to regulate the movement of sex offenders is a hazard to children and the community. Thus, the village has a duty and need to regulate where sex offenders reside and loiter within the village once they are reintegrated into the community. This chapter [article] is a regulatory measure aimed at protecting the health and safety of the children in the village from the risk that convicted sex offenders may reoffend in locations close to their residences. It is the intent of this section 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 residence; and by regulating certain activities that may be used by sexual offenders to prey on children.

(b)

The village finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools, day-care centers and other places children frequent. The village finds and declares that in addition to schools and day-care centers, children congregate or play at public parks.

The board notes that W.S.A., § 61.34 authorizes the village board to enact legislation for the health, safety and welfare of the public. In addition, W.S.A., § 61.34(5) notes that the powers, rights and privileges accorded villages under said chapter are to be liberally construed in order to promote the general welfare, peace, good order and prosperity of the village.

(c)

This article will not apply to sexually violent persons, as defined in W.S.A., § 980.01(7), because these persons are controlled under the regulations of W.S.A., ch. 980.

(Ord. No. 913, § I, 6-21-16)