Number
151571
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. DONOVAN
Title
A substitute ordinance relating to residency restrictions for sex offenders.
Sections
106-51-2-c rc
106-51-2-d rp
106-51-3-a am
106-51-3-b-1 am
106-51-4-a am
106-51-4-c am
Analysis
Currently, code provisions relating to sex offender residency restrictions define permanent and temporary residences. A permanent residence means a place where a designated offender resides for 14 or more consecutive days. A temporary residence means a place where a designated offender resides for a period of 14 or more days in any calendar year and which is not the person’s permanent address or a place where the person routinely resides for a period of 4 or more consecutive or nonconsecutive
days in any month and which is not the person’s permanent residence.
This ordinance revises the definition of residence to mean the place where a person sleeps, which may include more than one location, and may be mobile or transitory.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-51-2-c of the code is repealed and recreated to read:
106-51. Residency Restrictions for Sex Offenders.
2. DEFINITIONS.
c. “Residence” (“Reside”) means the place where a person sleeps, which may include more than one location, and may be mobile or transitory.
Part 2. Section 106-51-2-d of the code is repealed.
Part 3. Section 106-51-3-a of the code is amended to read:
3. RESIDENCY RESTRICTION. a. Restriction. A designated offender shall not
establish a [[permanent residence or temporary]] residence within 2,000 feet of any school, licensed day care center, park, recreational trail, playground or any other place designated by the city as a place where children are known to congregate.
Part 4. Section 106-51-3-b-1 of the code is amended to read:
b-1. The distance shall be measured by following a straight line from the outer property line of the [[permanent or temporary]] residence to the nearest outer property line of a school, licensed day care center, park, recreational trail, playground or any other place designated by the city as a place where children are known to congregate.
Part 5. Section 106-51-4-a of the code is amended to read:
4. RESIDENCY RESTRICTION EXCEPTIONS.
a. The person established a [[permanent residence or temporary]] residence and reported and registered the residence as provided in s. 301.45 Wis. Stats., before the effective day of this section.
Part 6. Section 106-51-4-c of the code is amended to read:
c. The school, licensed day care center, park, recreational trail, playground or any other place designated by the city as a place where children are known to congregate within 2,000 feet of the person’s [[permanent or temporary]] residence was opened after the person established the [[permanent or temporary]] residence and reported and registered the residence as provided in s. 301.45, Wis. Stats.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Drafter
LRB162974-2
Amy E. Hefter
2/15/2016