[HISTORY: Adopted by the Common Council of the City of Burlington 6-21-2011 by Ord. No. 1926(3); amended in its entirety 4-2-2025 by Ord. No. 2121(11). Subsequent amendments noted where applicable.]
A. 
Recitals and findings.
(1) 
Recitals.
(a) 
Whereas, after reviewing and discussing examples of sex offender residency restriction ordinances from several other cities, towns and villages, including maps of prohibited locations for the residency of sex offenders corresponding to such ordinances, the locations of places where children are known to congregate in the City and a PowerPoint presentation on sex offender residency restrictions, after several public meetings, the Common Council adopted the first version of this chapter on June 21, 2011.
(b) 
Whereas the United States District Court for the Eastern District of Wisconsin and the United States Court of Appeals for the Seventh Circuit have decided on the following enumerated cases, which contain holdings that directly impact the terms of the City's Municipal Code Chapter 240 and make it necessary to amend the terms of this section to comply with the current case law:
[1] 
Hoffman v. Village of Pleasant Prairie, 249 F.Supp.3d 951 (E.D. Wis. 2017);
[2] 
Nelson v. Town of Paris, No. 22-2435 (7th Cir. 2023);
[3] 
Schroeder v. City of Muskego, 586 F.Supp.3d 884 (E.D. Wis. 2022);
[4] 
Koch v. Village of Hartland, No. 22-1007 (August 8, 2022).
(c) 
Whereas, on March 18, 2025, the City's Committee of the Whole held a public meeting on proposed revisions to the City's residency restrictions for sexual offenders. At this meeting, the Committee reviewed and discussed the existing chapter, proposed revisions to the existing chapter and discussed the following written materials:
[1] 
"Recidivism of Adult Sexual Offenders." U.S. Department of Justice, July 2015, SOMAPI (Sex Offender Management Assessment and Planning Initiative); and
[2] 
"An Overview of Sex Offender Management." July 2002, U.S. Department of Justice, CSOM (Center for Sex Offender Management); and
[3] 
"There goes the Neighborhood? Estimates of the Impact of Crime Risk on Property Values from Megan's Laws." May 2006, National Bureau of Economic Research; and
[4] 
Order of the Honorable J.P. Stadtmueller of the United Stated District Court, Eastern District of Wisconsin, Hoffman et al. v. Village of Pleasant Prairie, Case No. 16-CF-697-JPS.
(d) 
Whereas, the Common Council held a public meeting on April 2, 2025, on this chapter. At this meeting the Common Council reviewed the chapter, proposed revisions to the existing chapter and discussed the same materials as the Committee as set forth above.
(2) 
Findings. This chapter is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that convicted sex offenders may reoffend in locations close to their residences. The City finds and declares that sex offenders (as hereinafter defined as designated offenders) are a serious threat to the public safety of children. Sexual offenders are extremely likely to use physical violence and to repeat their offenses; and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large and the community where they reside, while incalculable, clearly exorbitant. It is further believed that such persons present an alarmingly high risk of re-offending once released and as such it is better for sex offenders to reside in their home community where their support systems exist rather than in a community where the sex offender may not have a support network. The Common Council finds the risk of recidivism increases if the sex offender recently offended and if the sex offender does not have a strong social network, including community and familial ties. The Common Council is aware of many studies and reports concerning recidivism of sex offenders and the effectiveness of sex offender residency restrictions. The Common Council acknowledges that literature on the subject includes some studies that support the practice of sex offender residency restrictions and others that are critical of the practice. Given the high rate of recidivism, reducing opportunity and temptation is important to minimizing the risk of re-offense, and 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 and daycare centers. As such, the City hereby establishes regulations which restrict certain offenders from residing or congregating in areas that are at or near where there is a high concentration of children in order to provide better protection for children in the City by minimizing immediate access and proximity to children and thereby reducing opportunity and temptation for recidivism.
B. 
Intent. It is expressly not the intent of this chapter to impose additional punishment on sex offenders, but rather to serve the City of Burlington's compelling interest in promoting, protecting, and improving the health, safety, and welfare of the citizens of the City. This chapter is a regulatory measure aimed at protecting the health and safety of children in the City of Burlington by minimizing immediate access and proximity to children and thereby reducing the opportunity and temptation for recidivism. Due to the high rate of recidivism for sexual offenders, and because reducing both opportunity and temptation would help minimize the risk of reoffense, there is a compelling need to protect children where they congregate or play in public places. It is the intent of this chapter to serve the City's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the City by creating child safety zones as areas where children regularly congregate, and that restrict sex offenders' residing in, entering, or loitering in child safety zones.
As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them.
APPEALS BOARD
Refers to the Sex Offender Residency Board as created in § 240-6.
CHILD(REN)
Means a person(s) under the age of 18 years of age.
CRIME AGAINST CHILDREN
Shall mean 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 or adjudication, respectively: § 940.22, Sexual exploitation by therapist; duty to report; § 940.30, False imprisonment, where victim was a minor and not the offender's child; § 940.31, Kidnapping where 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; and § 975.06, Sex crimes law commitment.
DESIGNATED OFFENDER
Means any person who (1) has been convicted of a crime against children; (2) has been adjudicated delinquent for a crime against children; (3) is required to register under § 301.45, Wis. Stats., for any sexual offense; or (4) any person who is required to register under § 301.45, Wis. Stats., and who has been designated a Special Bulletin (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis Stats.
JUVENILE
Means a person under the age of 18 years.
LOITER
For purposes of this chapter shall have the same meaning as set forth in § 204-1 of the City of Burlington Ordinances, and as may be amended or renumbered from time to time.
PROTECTED LOCATION
Means any school property, day care center, library, park, recreational trail, playground, athletic fields, area operated by the Scouting America, Girl Scouts of America or other similar organization, used by children, place of worship, swimming pool, festival grounds, the wellness center, or any other place designated in the map adopted by the City under § 240-3C as a place where children are known to congregate. The defined terms included in the definition of protected location are:
A. 
ATHLETIC FIELDMeans facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis, and other non-motorized sports;
B. 
Any site, facility, or premises operated by the Scouting America, the Girl Scouts of America, or any similar organization of which a child is or may be a member;
C. 
DAYCARE CENTERMeans a facility that has been licensed under § 48.65, Wis. Stats., to provide care and supervision of children and includes "before- and after-school daycare," which has the meaning as defined by § 120.125(1), Wis. Stats.
D. 
FESTIVAL GROUNDSMeans the "Burlington Jamboree" grounds during any period of time in which a festival or other public entertainment is in progress, and at which children are present;
E. 
LIBRARYMeans any library that is held open for use by the public where such library includes a collection of material specifically intended for use by children;
F. 
PARKMeans any area held open for use by the public for active or passive leisure purposes, including, but not limited to, any park, recreation area or beach. "Park" shall also mean any privately owned neighborhood parks and open spaces where children congregate such as those owned by a homeowners' association of a subdivision;
G. 
PLACE OF WORSHIPMeans a church, synagogue, mosque, temple or any other building where congregations gather for prayer;
H. 
PLAYGROUNDMeans any public outdoor area set aside for recreation and play and includes any area with playground equipment, including, but not limited to, swings, slides, sandboxes, seesaws;
I. 
RECREATIONAL TRAILMeans a trail where children walk, ride bicycles, or ride horses, whether publicly or privately owned;
J. 
SCHOOL PROPERTYMeans any public school as defined by § 115.01(1), Wis. Stats.; a private school as defined by § 115.001(3r), Wis. Stats.; a charter school as defined by § 115.001(1), Wis. Stats.; a specialty school, including, but not limited to, a Montessori school, a gymnastics academy, dance academy, or music school;
K. 
SWIMMING POOLMeans where children swim or wade in a pool or other aquatic facility held open for use by the public.
L. 
WELLNESS CENTERMeans the Aurora Wellness Center located at 300 McCanna Parkway, Burlington, WI.
RESIDENCE
Means any place where the designated offender, either temporarily or permanently, lodges, abides, or resides or is used by a designated offender as the primary location for basic life functions such as sleeping or eating, whether short- or long-term but for an aggregate of 14 or more days in any one-year period.
WISCONSIN STATUTES
All references to the Wisconsin Statute(s) in this chapter shall mean the statute(s) as in effect when this chapter is adopted, and shall include any amendment to or renumbering of the statute(s) after the adoption of this chapter.
A. 
Child safety zones. No designated offender shall establish a residence within 500 feet of a protected location. These areas are referred to herein as "child safety zones."
B. 
Determination of minimum distance separation. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight and shortest line from the outer property boundary line of the residence of a designated offender to the nearest outer property boundary line of a protected location.
C. 
Maps. A map depicting the above protected locations and the resulting residency restriction distances known as child safety zones shall be adopted by resolution of the Common Council, and which map may be amended from time-to-time, is on file in the Office of the City Clerk for public inspection and is available on the City's website. This map is a tool that the City chooses to utilize to provide notice to the public of the requirements of the chapter. In the event of a conflict between the map and this chapter where a protected location is inadvertently omitted from the map, the written provisions of this chapter shall control.
D. 
Exceptions. A designated offender does not commit a violation of this provision if any of the following apply:
(1) 
The designated offender established and was required to and did register the residence pursuant to § 301.45, Wis. Stats., before the effective date of this chapter.
(2) 
The protected location was established after the designated offender established and was required to and did register the residence pursuant to § 301.45, Wis. Stats.
(3) 
The designated offender was under 17 years of age and is not required to register under § 301.45 or 301.46, Wis. Stats.
(4) 
The designated offender is required to serve a sentence at a jail, juvenile facility or other correctional institution or facility located within a child safety zone.
(5) 
The designated offender is identified as one or more of the following:
(a) 
A juvenile who was adjudicated delinquent of (or found guilty of) a crime against children in juvenile court and placed with a guardian or meets the definition of a designated offender and placed with a guardian;
(b) 
A juvenile placed with a guardian;
(c) 
A ward under guardianship, placed in accordance with the guardianship orders, and residing with the appointed guardian;
(d) 
The person had not attained the age of 19 at the time of the offense, was determined by the court to meet the criteria under § 301.45(1m)(a), Wis. Stats., and is not required to register pursuant to § 301.45 or 301.46, Wis. Stats.
(e) 
In such cases involving a juvenile placed in accordance with this exception, when the juvenile turns 18 years of age, the juvenile would be allowed to continue to reside at the already established residence.
(6) 
The person is a designated offender that has been adjudicated a sexually violent person pursuant to Ch. 980, Wis. Stats., if the designated offender is subject to supervised release under Ch. 980, Wis. Stats., the designated offender is residing where he or she is ordered to reside under § 980.08, Wis. Stats., and the sex offender is in compliance with all court orders issued under Ch. 980, Wis. Stats.
Statutory Note: § 980.135, Wis. Stats., preempts City ordinance requirements.
(7) 
The residence is also the primary residence of the designated offender's parents, spouse or adult children, provided that such parent, spouse or adult children established the residence at least two years before the designated offender established residence at the location and the residence is owner-occupied.
E. 
No loitering zone.
(1) 
Offense. It shall be unlawful for any designated offender to loiter or prowl within 500 feet of a protected location or other location where children regularly congregate; in a place, at a time, or a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property 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 Code Enforcement Officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impractical, a Code Enforcement Officer shall, prior to any citation for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself, or explain his or her presence and conduct at the aforementioned locations. No person shall be convicted of an offense under this section if the Code Enforcement 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 Code Enforcement Officer at the time, would have dispelled the alarm.
(2) 
In the event a designated offender has a residence within 500 feet of a protected location, the designated offender may (i) go to and from the residence, and (ii) occupy the residence and the parcel of land on which the residence is located, without violating the foregoing provisions prohibiting loitering in or within 500 feet of a protected location. Except for such ingress/egress to and from the said residence and/or occupancy of the residence/parcel of land, however, the designated offender shall not otherwise loiter in or within 500 feet of the said protected location.
(3) 
A designated offender does not violate this provision if any of the following apply:
(a) 
The child safety zone supports a church, synagogue, mosque, temple, or other house of religious worship and entry and presence in the child safety zone occurs for the limited and sole purpose of attending or visiting the said religious facility. In such event, however, the designated offender may not enter into and/or loiter in or around any other area of a protected location in which the said religious facility is located. This shall expressly include, but not be limited to, any children's school and/or children's playground located at the protected location.
(b) 
The protected location supports a use lawfully attended by the designated offender's natural or adopted child or ward, and which child or ward's use or attendance reasonably requires the attendance of the designated offender as parent or guardian; further provided the designated offender must provide written notice to and obtain written approval from the person in charge of the facility in the protected location to attend the event with his child or ward, and the written approval must be specific as to days, dates, and times when the event will be conducted;
(c) 
The protected location supports a polling location in a local, state, or federal election; further provided, the designated offender must be eligible to vote in the election, the designated offender must enter the polling place, proceed to cast a ballot with whatever usual and customary assistance is provided to any other member of the electorate, and vacates the protected location immediately after voting.
(d) 
The property supports a government, commercial, retail, or business use open to the public, or a health care or professional service facility in addition to the use which is a protected location; further provided the designated offender: (a) is on the property for purposes of using the government, commercial, retail, or business use, or the health care or professional service facility on the property; and (b) the designated offender may not loiter in any common area; and (c) the designated offender may not enter any area that supports a use which is a protected location unless otherwise permitted by this chapter.
(e) 
It is not a violation of this provision for a designated offender to travel on a public sidewalk, roadway, or highway that adjoins or is adjacent to a protected location; further provided: (a) a designated offender may not loiter on the sidewalk, roadway, or highway that adjoins or is adjacent to the protected location; and (b) a designated offender may not travel on any portion of any sidewalk, roadway, or highway that lies entirely within the protected location unless otherwise permitted by this chapter.
(f) 
It is not a violation of this provision if the designated offender is present in or upon a child safety zone (i) for purposes of exercising First Amendment rights protected by the United States Constitution, including the freedom of speech, free exercise of religion, and the right of assembly, and/or (ii) as otherwise permitted by this chapter.
F. 
Holiday prohibition. No designated offender may participate in any holiday event involving children such as distributing candy or other items as part of a Halloween event, wearing a Santa Claus or other costume as part of a Christmas holiday event, or wearing an Easter Bunny or other costume as part of an Easter holiday event. This present holiday prohibition shall not apply, however, to (i) holiday events in which the designated offender is the parent or guardian of one or more children involved, and there are no non-familial children present, and/or (ii) the event is sponsored by or held at a religious facility as defined and described in above Subsection E(3)(a).
G. 
Enforcement and duty to inquire. Unless flight by the designated offender or other circumstances make it impractical, a law enforcement officer shall, prior to any arrest for a violation of § 240-3E afford the designated offender an opportunity to dispel any alarm which would otherwise be warranted, by requesting the designated offender to identify himself or herself and explain his or her presence and/or conduct in the child safety zone. No person shall be convicted of an offense under this provision if the law enforcement officer did not make a good faith effort to comply with the preceding sentence, or if at trial, the explanation given by the designated offender is true, and if it had been believed by the law enforcement officer, would have reasonably dispelled alarm.
A. 
Generally. If a designated offender violates the provisions of this chapter, such offender shall be subject to the general penalty provisions set forth under Chapter 1, § 1-4, of this Municipal Code (and/or as the same may be amended or renumbered in the future). Each day a violation continues shall constitute a separate offense. Neither the issuance of citations, nor the imposition of forfeitures hereunder shall preclude the City from obtaining any and all legal and equitable remedies available (including, but not limited to, obtaining injunctive relief and/or a restraining order against a designated offender).
B. 
Public nuisance. Any violation of this chapter shall be deemed a public nuisance affecting peace and safety, and the City may proceed under Chapter 227 of the Code of Chapters and/or Ch. 823, Wis. Stats., to abate the nuisance.
If any provision of this chapter is found invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions of this chapter.
A. 
Purpose. A designated offender may seek an exemption from this chapter by appealing to the Appeals Board.
B. 
Composition and terms. The Appeals Board shall consist of three citizens and one alternate, who are residents of the City, who shall serve without compensation. For the initial appointments to the Appeals Board, the Mayor shall appoint three members to staggered terms of one, two or three years, subject to confirmation by the Common Council and one alternate for a term of three years. After the initial appointment of members to a term of one, two and three years respectively, the Mayor shall annually appoint one member for a term of three years and one alternate for a term of three years every third year, subject to confirmation by the Common Council, commencing on May 1. At the first meeting held of the Appeals Board after the first Monday of May of each year, the members of the Appeals Board shall vote by majority vote to select a Chair for its meetings and appeals that come before it.
C. 
Appeals form and procedure. The Appeals Board shall approve of an official appeal form, establish filing procedures, a hearing schedule and deadlines for filing an appeal. A designated offender shall complete this official form and submit it to the City Clerk, who shall forward it to the Appeals Board. The filing fee for the appeal may be set by resolution of the Common Council from time-to-time. Notice in the form of an agenda shall be posted and/or published as required by law and provided to the Appeals Board, the property owner if not the applicant, and published on the City's website at least seven days prior to the hearing date.
D. 
Undue hardship. The Appeals Board may waive the filing fee if the designated offender illustrates that payment of the filing fee creates an undue hardship on the applicant due to income, employment status, or other relevant factors.
E. 
Standards of review. The City elects not to be bound by Ch. 68, Wis. Stats., with respect to appeals under this section. The Appeals Board shall hold a hearing on each appeal to conduct an individual risk assessment in each case, during which the Appeals Board may review any pertinent information and may accept oral and written statements from any person. The designated offender that filed the appeal shall appear at any hearing held, unless otherwise approved by the Appeals Board. The Appeals Board shall consider the public interest as well as the applicant's presentation and concerns, giving the applicant a reasonable opportunity to be heard. The Appeals Board shall also consider any oral, emailed, and written statements from any person at the hearing or received in advance of the hearing. The Appeals Board shall consider the specific facts and circumstances of each applicant and determine whether the applicant presents a threat to public safety if he or she resides at that proposed location. The Appeals Board shall consider factors which may include, but are not limited to, the following:
(1) 
Any information presented by the applicant.
(2) 
Circumstances surrounding the offense.
(3) 
Relationship of offender and victim.
(4) 
Presence or use of force.
(5) 
Presence of enticement.
(6) 
Need to protect victim or similarly situated individuals.
(7) 
Current dangerousness of the offender.
(8) 
Proximity in time from original offense.
(9) 
Any criminal offenses, chapter or rule violations committed since original offense, including failures to register or comply with restrictions set by bond, parole or probation.
(10) 
Time out of incarceration.
(11) 
Current supervision status by the Department of Corrections.
(12) 
Counseling and treatment history.
(13) 
Credibility of offender.
(14) 
Remorse.
(15) 
Proximity of proposed residence to a child safety zone.
(16) 
Support network of offender near proposed residence.
(17) 
Alternative options for housing, including the availability of housing within the City.
F. 
Determination. The Appeals Board shall decide by majority vote whether to grant or deny an exemption. An exemption may be unconditional or be conditional to a certain address or period of time. In the case of an approval or denial, the Appeals Board shall provide a written copy of the decision containing the reasons therein for its decision to the City Clerk, the law enforcement officer and to the applicant.
G. 
Appeal of appeals board decision. The decision of the Appeals Board may be appealed to the Racine County Circuit Court by any aggrieved party within 30 days of filing of the final decision in the City Clerk's office, a copy of which shall be mailed to the designated offender who appealed. The review shall be a review by certiorari, and the Circuit Court may affirm or reverse the final decision, or remand to the decision maker for further proceedings consistent with the Court's decision.