§ 66-12. Moratorium regulating residency and presence restrictions for sex offenders.

(a)

Findings and Intent.

WHEREAS, The Village Board defines a Designated Offender to mean 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 which includes Crimes Placing Children at Risk defined and described within footnote 1; and,

WHEREAS, The Village Board has recently learned that there currently are 35 individuals who reside in the Village who reasonably meet the definition of a Designated Offender ; and,

WHEREAS, The Village Board has concluded that the number of Designated Offenders residing within the Village unreasonably exceeds the number of Designated Offender s residing within other communities in Waukesha County as demonstrated by the data contained in footnote 2; and,

WHEREAS, The Village Board has concluded that the Wisconsin Department of Corrections has facilitated the placement of such a high number of Designated Offenders within the Village because of the absence of any Village ordinance regulating the residence or presence of Designated Offender s near identified Child Safety Zones as described in footnote 3.

WHEREAS, The Village Board has been informed that the existence of a focused practice involving vigorous community policing whereby the Hartland Police Department has regularly tracked the presence of Designated Offenders residing in the Village and regularly interacted with them to remind them that their presence is known to law enforcement with the goal of deterring recidivism and discouraging the concealment of the residency of Designated Offenders in the Village; and

WHEREAS, The Village Board has now concluded that an ordinance regulating the residency and imposing presence restrictions for Designated Offenders is now warranted; and,

WHEREAS, The Village Board realizes that the formulation of a reasoned and defensible ordinance in light of current legal challenges to such ordinances will take a reasonable amount of time.

(b)

Incorporation of Findings and Intent. The Findings and Intent section as well as all of the footnotes of this ordinance are fully incorporated and made a part of this section.

(c)

Moratorium. The Village hereby declares a Moratorium prohibiting the establishment of a Temporary or Permanent Residence by a Designated Offender within the Village until such time as the saturation level for Designated Offenders in the Village of Hartland reaches a factor of 1.1 or lower where the saturation level is determined by adding the number of Designated Offenders per square mile in Hartland plus the number of Designated Offenders per 1,000 population in Hartland and dividing the resulting figure by the sum of the number of Designated Offenders per square mile in Waukesha County net of Hartland plus the number of Designated Offenders per 1,000 population in Waukesha County net of Hartland.

(d)

Draft Ordinance Under Consideration. By way of illustration only, a draft of a potential ordinance is appended as Exhibit A and the Village Board invites written comments regarding same and will consider commissioning a study that will inform the drafting of a potential ordinance.

(e)

Appeal. Any individual may appeal to the Village Board the interpretation of or application of the Moratorium under this ordinance.

( Ord. No. 850-18, § 1, 9-24-2018 )

Editor's note— Prior to reenactment by Ord. No. 850-18, § 1, adopted Sept. 24, 2018 , Ord. No. 706-05, § 1, adopted Jan. 24, 2005, repealed § 66-12, which pertained to responsibility for possession or consumption of alcoholic beverages by persons under the legal drinking age, and derived from Code 1991, § 9.25.
Exhibit A, referenced above, is not set out herein, but is on file and available for inspection in the village offices.

Footnotes:
^1.  ;hg;All offenses where a court has made a determination under Wis. Stat. 973.048(1m) that the underlying conduct was sexually motivated, as defined in § 980.01(5), and that it would be in the interest of public protection to have the person report under § 301.45, or where there has been a conviction under one of the following offenses:
§ 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 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;
§ 948.085 Sexual Assault of a Child Placed in Substitute Care;
§ 948.09 Sexual Intercourse With a Child Age 16 or Older;
§ 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;
§ 975.06 Sex Crimes Law Commitment;
§ 980.01(7) Sexually Violent Persons.

^2.  

Municipality	Area in Sq. Miles	Offenders	Offenders per Mile	Population	Offenders per 1,000
Waukesha County	576	400	0.69	396449	1.01
Hartland	5.1	35	6.86	9179	3.81
County Net of Hartland	570.9	365	0.64	387270	0.94
(Sources: Wisconsin Department of Corrections Sex Offender Registry as of 9/17/18, Wisconsin Blue Book 2017/2018, Waukesha County Website and Village of Hartland Website)

 

  Hartland's saturation level of offenders is 6.75 times higher than the balance of Waukesha County. The saturation level is determined by adding the number of Designated Offenders per square mile in Hartland plus the number of Designated Offenders per 1,000 population in Hartland and dividing the resulting figure by the sum of the number of Designated Offenders per square mile in Waukesha County net of Hartland plus the number of Designated Offenders per 1,000 population in Waukesha County net of Hartland. Mathematically, the saturation level (SL) for Hartland would be expressed as follows:

^3.   Child Safety Zones can include but are not limited to a public school as defined in Wis. Stat. § 115.01(1), a private school as defined in Wis. Stat. § 115.001(3), a group home, as defined in Wis. Stat. § 48.02(7), a residential care center for children and youth as defined in Wis. Stat. § 48.02(15d), a shelter care facility as defined in Wis. Stat. § 48.02(17), a foster home as defined in Wis. Stat. § 48.02(6), a treatment foster home as defined in Wis. Stat. § 48.02(17q), a day-care center licensed under Wis. Stat. § 48.65, a day-care program established under Wis. Stat. § 120.13(14), a day-care provider certified under Wis. Stat. § 48.651, or a youth center as defined in Wis. Stat. § 961.01(22); and/or any facility used for: a public park, parkway, parkland, park facility; a public swimming pool; a public library; a recreational trail; a public playground; a school for children; athletic fields used by children; a day-care center; any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school; and aquatic facilities open to the public.

^4.   Temporary Residence means either: (1) 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 (2) 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.
Permanent Residence means a place where the designated offender lodges or resides for 14 or more consecutive days.