File #: O-2018-0007    Version: 1
Type: Ordinance Status: Placed On File
File created: 2/20/2018 In control: Safety and Development Committee (INACTIVE)
On agenda: 3/6/2018 Final action: 3/20/2018
Title: Ordinance to Amend Section 6.027 of the West Allis Revised Municipal Code Relating to Sex Offender Residing Within Seven Hundred Fifty (750) Feet of Schools, Child-Care Centers, Parks, and Other Specified Facilities and Uses Prohibited
Sponsors: Safety and Development Committee (INACTIVE)
Attachments: 1. City of S. Milwaukee v. Kester, 347 Wis. 2d 334 (Wis.Ct.App. 2013), 2. Doe v. Miller, 405 F.3d 700 (8th Cir. 2005), 3. Hoffman v. Vill. of Pleasant Prairie, 249 F. Supp. 3d 951 (E.D. Wis. 2017), 4. McKune v. Lile, 122 S. Ct. 2017 (2002), 5. Vasquez v. Foxx, No. 16-CV-8854, 2016 U.S. Dist. LEXIS 170354 (N.D. Ill. Dec. 9, 2016), 6. Vill. of Menomonee Falls v. Ferguson, 334 Wis. 2d 131 (Wis.Ct.App. 2011)
Title
Ordinance to Amend Section 6.027 of the West Allis Revised Municipal Code Relating to Sex Offender Residing Within Seven Hundred Fifty (750) Feet of Schools, Child-Care Centers, Parks, and Other Specified Facilities and Uses Prohibited
Body
The Common Council of the City of West Allis do ordain as follows:

Part I. Section 6.027 of the Revised Municipal Code of the City of West Allis is hereby amended to read as follows:

6.027 Sex Offender Residing Within Seven Hundred Fifty (750) Feet of Schools, Child-Care Centers, Parks, and Other Specified Facilities and Uses Prohibited.

(1) Findings and Intent:

(a) Whereas, the Common Council has the power, through s. 62.11(5) Wis. Stat., to enact legislation promoting the health, safety, and welfare of the public.

(b) Whereas, the Common Council has reviewed the holdings and findings of the following court cases: Vill. of Menomonee Falls v. Ferguson, 334 Wis. 2d 131 (Wis.Ct.App. 2011); City of S. Milwaukee v. Kester, 347 Wis. 2d 334 (Wis.Ct.App. 2013); Smith v. Doe, 123 S. Ct. 1140 (2003); McKune v. Lile, 122 S. Ct. 2017 (2002); Hoffman v. Vill. of Pleasant Prairie, 249 F. Supp. 3d 951 (E.D. Wis. 2017); Vasquez v. Foxx, No. 16-CV-8854, 2016 U.S. Dist. LEXIS 170354 (N.D. Ill. Dec. 9, 2016); Doe v. Miller, 405 F.3d 700 (8th Cir. 2005).

(c) Whereas, based upon a 2003 study by the U.S. Department of Justice- Bureau of Justice Statistics, titled Recidivism of Sex Offenders Released from Prison in 1994, sex offenders released from prison were four times more likely to be rearrested for a sex crime as compared to non-sex offenders released from prison. Of those individuals included in the study, 40 percent of new sex crimes committed by those sex offenders released from prison had occurred within the first 12 months of release. Further, child molesters who were released from prison were at least six times more likely to be rearrested for another sex crime against a child as compared to a non-sex offender r...

Click here for full text