Residency Restrictions for Sex Offenders.
Milwaukee Code of Ordinances § 106-51
in effect106-51. Residency Restrictions for Sex Offenders.
1. FINDINGS AND INTENT. The common council finds that sex offenders who prey on children are sex predators who present an extreme threat to the public safety. Many sex offenders commit numerous offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society, while incalculable, clearly exorbitant. 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. The common council is also aware that absent a domicile clause, the city would have open doors for non-resident sex offender residency when other communities have closed doors, inviting a substantial increase in child sex offender placements, with the related adverse impacts on the health, safety and welfare of the city and its residents. It is the intent of this section to enact a regulatory scheme that is civil and non-punitive in order to serve the city’s compelling interest to promote, protect, and improve the health, safety and welfare of the citizens of the city.
2. DEFINITIONS. For the purposes of this section:
a.
“Child” means a person under the age of 16 years.
b.
“Designated offender” means any person who is required to register under s. 301.45, Wis. Stats., for any offense against a child. This definition does not include a person who is released under s. 980.08, Wis. Stats., so long as the person is subject to supervised release under ch. 980, Wis. Stats., the person is residing where he or she is ordered to reside under s. 980.08, Wis. Stats., and the individual is in compliance with all court orders issued under ch. 980, Wis. Stats.
c. “Hospital” has the meaning given in s. 50.33(2)(a), Wis. Stats.
d.
“Residence” (“Reside”) means the place where a person sleeps, which may include more than one location, and may be mobile or transitory.
e.
“Treatment facility” has the meaning given in s. 51.01(19), Wis. Stats.
3. ORIGINAL DOMICILE RESIDENCY RESTRICTION. A designated offender shall not establish a residence within the city, unless the person was domiciled in the city at the time of the offense resulting in the person's most recent conviction for committing the offense that is within the definition of a designated offender.
4. RESIDENCY RESTRICTION EXCEPTIONS. A designated offender prohibited from establishing a residence within the city as specified in sub. 3 does not commit a violation of this section if the designated offender demonstrates any of the following:
a. The person established a residence and reported and registered the residence as provided in s. 301.45, Wis. Stats., before the effective date of this ordinance, September 23, 2017.
b. The person was under the age of 18 years at the time of the offense or is a ward under guardianship.
c. The residence is also the primary residence of the person’s child, grandparent, guardian, parent, sibling or spouse.
d. The residence is a mental health facility or a jail, juvenile facility, prison or other correctional institution where the person is required to serve a sentence.
e. The residence is a hospital or treatment facility.
f.
The person’s most recent offense that is within the definition of a designated offender occurred more than 10 years ago and it has been at least 10 years since the person was incarcerated for the most recent offense that is within the definition of a designated offender.
5. PENALTY. A designated offender who violates sub. 3 shall be subject to a forfeiture of not less than $1,000 nor more than $2,500 for each violation, and in default of payment may be imprisoned as provided by law. Each day a violation continues shall constitute a separate offense. The city may also seek equitable relief.
6. EVALUATION. The common council shall evaluate the effect of this ordinance one year after the effective date of this ordinance, September 23, 2017.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=23Fetched: 10/26/2026