Title
An Ordinance to Create Subsection 6.02(22) of the West Allis Revised Municipal Code Relating to Loitering by Sex Offenders.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Subsection 6.02(22) of the Revised Municipal Code of the City of West Allis is hereby created to read:
6.02 PUBLIC OFFENSES.
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(22) Loitering By Sex Offenders.
(a) Definitions. The definitions delineated in Section 6.027 of the City of West Allis Revised Municipal Code shall be applicable to this subsection.
In addition, the following term shall mean:
1. Child safety zones shall include any real property upon which there exists any facility used for or which supports a use of:
a. a public park, parkway, parkland, park facility;
b. a public swimming pool;
c. a public library;
d. a recreational trail;
e. a public playground;
f. a school for children;
g. athletic fields used by children;
h. a daycare center;
i. any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;
j. aquatic facilities open to the public; and
k. any facility for children (which means a public or private school, a group home, as defined in Section 48.02 (7), Stats., a residential care center for children and youth, as defined in Section 48.02 (15d), Stats., a shelter care facility, as defined in Section 48.02 (17), Stats., a foster home, as defined in Section 48.02 (6), Stats., a treatment foster home, as defined in Section 48.02 (17q), Stats., a daycare center licensed under Section 48.65, Stats., a daycare program established under Section 120.13 (14), Stats., a daycare provider certified under Section 48.651, Stats., or a youth center, as defined in Section 961.01 (22) Stats).
(b) Prohibition. It shall be unlawful for any sex offender to enter into, congregate, loiter, wander, stroll, stand or play in or near a child safety zone under circumstances that warrant alarm for the safety of persons in the vicinity.
Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
(c) Penalty. Any person who shall violate any provision of this subsection shall pay, upon conviction, a forfeiture not to exceed One Thousand Dollars ($1,000) per violation, together with the costs of this action, and upon default of payment thereof, shall be imprisoned in the Milwaukee County House of Corrections for a period not to exceed ninety (90) days, or until such forfeiture and costs are paid. Each day during which a violation of this section is permitted to exist shall be deemed to be a separate violation.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-CreateSubSec6.02(22)LoiteringBySexOffenders