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:
(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.