WI- Sex offender ordinance passed

Under the guise of a residency law are provisions pertaining to holidays which further restrict certain sex offenders.

11-7-2008 Wisconsin:

Residency, loitering limited in move

Muskego now has a sex offender residency and loitering ordinance that will limit where some registered sex offenders can live and hang out.

The Common Council passed the ordinance unanimously at its Oct. 28 meeting. It is scheduled to go into effect today, Nov. 6, when it is published in the legal notices on Page 32 of the NOW newspaper.

Under the ordinance, sex offenders who have repeated their crimes, used physical violence or preyed on children are prohibited from living or loitering within 2,000 feet of schools, day care centers, libraries, parks or conservation areas, swimming pools and golf courses.


Those covered under the ordinance also are prohibited from participating in holiday events involving children under 18. They are prohibited from distributing candy at Halloween, wearing a Santa suit or an Easter Bunny costume in a public place. Not everyone on the state’s sex offender registry is included in the city ordinance.




Child safety zones created
The ordinance creates child safety zones showing locations in the city where these prohibitions apply. The map will be displayed in the city clerk’s office.

City Attorney Don Molter said Muskego’s ordinance is based on a similar one in North Prairie with some input from Franklin’s ordinance.

“It may withstand court scrutiny,” Molter said. “Most city attorneys are leery.”

Though Muskego aldermen supported the ordinance and wanted to get something on the books quickly, some aldermen said they might want to make some changes later. Molter told them they could amend the ordinance.

Mayor John Johnson said he would be seeking a state opinion on whether lake access points on the city’s lakes could be included in the child safety zones.

Limits could be amended
There also were some questions about the 2,000-foot limit. It was suggested the limit might be set at 1,500 feet if further study showed 2,000 feet was too restrictive. Johnson worried the 2,000-foot limit might eliminate affordable housing and possibly all potential housing in the city for sex offenders. That would not be defensible in court.

“I believe we have to have a good cross section of different types of housing available,” he said.

Alderwoman Tina Schaefer wanted to see the lakes in Muskego included in the child safety zones.

“A lot of our kids are out on our lakes,” she said. “Our lakes are nothing more than a park.”

But Molter said the state controls access to lakes. Restricting the use of the lakes also might be considered too restrictive.

“The more unreasonable and less rational you make your ordinance, the more subject it is to challenge,” he said.

Schaefer said she understood every area of the city could not be eliminated.

“But that’s where the kids are,” she said of the lakes.

Setting restrictions difficult
Johnson, who used to be police chief for the city, said half of the sexual crimes against children occur in homes. The streets and parks are the next most common areas for those crimes. He found it impractical to limit the lakes and streets in the city.

“If we don’t do this right, we can lose the battle,” he said, adding he was in favor of getting an ordinance on the books.

Schaefer said there are a lot of 12-, 13- and 14-year-olds using boats on the city’s lakes.

“I’m willing to take that risk for the children,” she said.

Molter said the ordinance the council passed is not part of the city’s zoning ordinance. Franklin has two ordinances regulating sex offenders. The residency ordinance is part of the zoning ordinance and the loitering ordinance is a simple police powers ordinance.

Molter said including it in the zoning ordinances does not give more enforcement powers.

“You may want to amend it at some time,” he said. “Then it becomes more difficult (if it is included in the zoning code).”


John Schultz can be reached at (262) 446-6611.

FYI
• Penalties for violating the residency ordinance are $500 to $1,000 for each violation. Each day a person lives at a home in violation of the ordinance is a separate violation.

• The penalty for loitering in the child safety zones is $1,000 to $2,000 for each violation. ..News Source.. by JOHN SCHULTZ