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File #: 151571    Version:
Type: Ordinance Status: Passed
File created: 2/9/2016 In control: COMMON COUNCIL
On agenda: Final action: 4/15/2016
Effective date: 5/4/2016    
Title: A substitute ordinance relating to residency restrictions for sex offenders.
Sponsors: ALD. DONOVAN
Indexes: CRIME AND CRIMINALS
Attachments: 1. 2015_04-28 - Press Release - News report on 'sex offender shuffle' hits nail on the head - President Murphy&Alderman Perez.pdf, 2. 2015_04-29 - WISN 12 News - Milwaukee leaders angry about sex offender rotation through homes.pdf, 3. Notice Published on 5-3-16

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  Section 106-51-2-c of the code is repealed and recreated to read: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 Section 106-51-2-d of the code is repealed.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