Chapter 11

Chapter 11

Sex Offender Residency Restrictions

The Town Board of the Town of Rushford, Winnebago County, Wisconsin, do ordain as follows:

Section 1 PURPOSE

This chapter is a regulatory measure aimed at protecting the health and safety of children in the Town of Rushford from the risk that convicted sex offenders may reoffend in locations close to their residences. The Town 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 town finds and declares that in addition to schools and day-care centers, children congregate or play at public parks.

Section 2 DEFINITIONS

As used in this chapter and unless the context otherwise requires:

A. Crime against children

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

§940.01 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

§975.06 Sex Crimes Law, commitment

B. Person

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. Residence (Reside)

The place where a person sleeps, which may include more than one location and may be mobile or transitory.

D. Sexually violent offense

Shall have the meaning as set forth in §980.01(6), Wis. Stats., as amended from time to time.

Section 3 RESIDENCY RESTRICTIONS

A. A person shall not reside within 2,000 feet of the real property comprising any of the following:

1. Any facility for children which means a public or private school or a group home, as defined in §48.02(7), Wis. Stats.; a residential care center for children and youth, as defined in §48.02(15d), Wis. Stats.; a shelter care facility, as defined in§48.02(17), Wis. Stats.; a foster home, as defined in §48.02(6), Wis. Stats,; a treatment foster home, as defined in§48.02(17q), Wis. Stats.; a day-care center licensed under §48.65, Wis. Stats.; a day-care program established under §120.13(14), Wis. Stats.; a day-care provider certified under §48.651, Wis. Stats.; or a youth center, as defined in §961.01(22), Wis. Stats.); and/or

2. Any facility used for:

(a) A public park, parkway, parkland, park facility;

(b) A public swimming pool;

(d) A recreational trail;

(e) A public playground;

(f) A school for children;

(g) Athletic fields used by children;

(h) A movie theater;

(i) A day-care center;

(j) A ski hill open to the public;

(k) Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;

(l) A public or private golf course or range; and

(m) Aquatic facilities open to the public

B. The distance 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 uses. A map depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time to time, are on file in the office of the Town Hall for public inspection.

Section 4 RESIDENCY RESTRICTION EXCEPTIONS

A person residing within 2,000 feet of the real property comprising any of the uses enumerated in section 3, above, does not commit a violation of this chapter in any of the following apply:

A. The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

B. The person has established a residence prior to the effective date of this chapter, which is within 2,000 feet of any of the uses enumerated in section 3 above, or such enumerated use is newly established after such effective date and it is located within such 2,000 feet of a residence of a person which was established prior to the effective date of this chapter.

C. The person is a minor or ward under guardianship.

D. Section 980.135 of the Wisconsin Statutes applies and prohibits the town from enforcing this ordinance.

Section 5 ORIGINAL DOMICILE RESTRICTION

In addition to and notwithstanding the foregoing, but subject to section 4, above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children shall be permitted to reside in the Town of Rushford, unless such person was domiciled in the Town of Rushford at the time of the offense resulting in the person’s most recent conviction for committing the sexually violent offense and/or crime against children.

Section 6 CHILD SAFETY ZONES

A. No person shall enter or be present upon any real property upon which there exists any facility used for or which supports a use of:

1. A public park, parkway, parkland, park facility;

2. A public swimming pool;

3. A public library;

4. A recreational trail;

5. A public playground;

6. A school for children;

7. Athletic fields used by children;

8. A movie theater;

9. A day-care center;

10. A ski hill open to the public;

11. Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;

12. A public or private golf course or range;

13. Aquatic facilities open to the public; and,

14. Any facility for children which means a public or private school or a group home, as defined in §48.02(7), Wis. Stats.; a residential care center for children and youth, as defined in §48.02(15d), Wis. Stats.; a shelter care facility, as defined in §48.02(17), Wis. Stats.; a foster home, as defined in §48.02(6), Wis. Stats.; a treatment foster home, as defined in §48.02(17q), Wis. Stats.; a day-care center licensed under §48.65 Wis. Stats.; a day-care program established under §120.13(14), Wis. Stats.; a day-care provider certified under §48.651, Wis. Stats.; or a youth center, as defined in §961.01(22), Wis. Stats.

B. A map depicting the locations of the real property supporting the above-enumerated uses, as amended from time to time, is on file in the office of the Town Clerk for public inspection.

Section 7 CHILD SAFETY ZONE EXCEPTIONS

A person does not commit a violation of section 6, above, and the enumerated uses may allow such person on the property supporting such use if any of the following apply:

A. The property supporting an enumerated use under section 6, also supports a church, synagogue, mosque, temple or other house of religious worship (collectively “church”), subject to the following conditions:

1. Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and

2. Written advance notice is made from the person to an individual in charge of the church, and 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

3. The person shall not participate in any religious education programs which include individuals under the age of 18.

B. The property supporting an enumerated use under section 6 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:

1. Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

2. 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.

C. The property supporting an enumerated use under section 6 also supports a polling location in a local, state or federal election, subject to the following conditions:

1. The person is eligible to vote;

2. The designated polling place for the person is an enumerated use; and

3. The person enters the polling place property and 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.

D. The property supporting an enumerated use under section 6 also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.

Section 8 VIOLATIONS AND PENALTIES

If a person violates section 3, above, by establishing a residence or occupying residential premises within 2,000 feet of those premises as described therein, without any exception(s) as also set forth above, the town board may instruct the Town Attorney to bring an action in the name of the Town in the Circuit Court for Winnebago County to permanently enjoin such residency as a public nuisance. If a person violates section 6 or section 9, in addition to the aforesaid injunctive relief, such person shall be subject to penalties in the amount of $50 to $200 per day. Each day a violation continues shall constitute a separate offense. In addition, the Town may undertake all other legal and equitable remedies to prevent or remove a violation of this chapter.

Section 9 HOLIDAY EVENTS AND PUBLIC GATHERINGS

It is unlawful for any person to actively take part in any public holiday event involving children under 18 years of age where the distributing of candy or other items to children takes place, including but not limited to Halloween trick or treating, holiday parades and other similar public gatherings. This section does not apply to any event in which the person is the parent or guardian of the children involved, and the person’s children are the only children present.

Section 10. EFFECTIVE DATE

This Ordinance shall take effect upon passage and publication as required by law.

Dated: July 2, 2025

Thomas Egan

Thomas Egan, Chairman

ATTEST:

Peggy Hendricks

Peggy Hendricks, Town Clerk