By Kellen Olshefski
Staff Writer
A proposed City of Elkhorn ordinance intends to make it more difficult for convicted sex offenders to live in the Elkhorn area.
For nearly a year, Elkhorn’s Legislation and Regulatory Committee has been working on a sexual offender residency restriction ordinance which would control how close incoming sexual offenders can live near schools, parks and other areas where children congregate.
City Council President Brian Olson raised concerns to the committee last November about the number of sexual offenders living in Elkhorn, noting it’s potential public safety hazard to the community.
Olson said the concept was brought up to him by constituents who questioned why the city doesn’t have a residency restriction ordinance due to concerns over the number of offenders released into the community. From there, Olson said they began some initial investigation into the topic, following up on how other communities have approached the issue.
According to the State of Wisconsin Sex Offender registry, currently there are 87 registered sex offenders living in the Elkhorn area.
In addition, according to City Administrator Sam Tapson, both the Nickel Plate Hotel and the Thomas Motel currently have contracts with the Department of Corrections to provide housing for sex offenders after they are released from custody.
State statutes require sexual offenders to be released into the county where they are convicted.
City Attorney Ward Phillips is working on figuring out how these contracts will fit in with the ordinance, according to Olson.
While state law doesn’t prohibit sex offenders from living near schools or day cares, several other communities have created ordinances restricting them from living near these areas, which many communities have dubbed “child safety zones.”
The draft of the ordinance, which was sent back to the committee by the council, would create these “child safety zones,” prohibiting convicted sex offenders from living within a specified distance of facilities for children such as schools, parks, day care centers and the library.
According to Olson, city officials have looked to other cities’ ordinances, primarily Franklin and South Milwaukee, while piecing the ordinance together.
“Those two ordinances have been tested through Supreme Court cases,” he said.
Franklin’s ordinance has been tested and upheld in nine court cases, according to Olson.
Olson also said a set number of feet has not yet been finalized as recent research has brought up a few points of interest not on their original map.
In the event an offender was to violate the ordinance, the city would be able to press charges in Walworth County Court.
This would be up to police department enforcement and would likely result in a fine, according to Olson,
Sex offenders currently living in the proposed “child safety zones” will not be penalized or asked to relocate.
Moreover, city officials are reviewing possible exceptions to the ordinance and are considering a board to handle appeals for potential exceptions based on the circumstances of the crime.
“A common thing used is the Romeo and Juliet exception where you have an 18-year-old and a 17-year-old,” he said.
“Things like that, there are exceptions, but it would go through the board of appeals.”
Sexual offenders looking to move to areas of Elkhorn within the safety areas would be able to appeal to the board and with approval, would be permitted to live in those areas.
Olson said the committee is currently reviewing an unbiased study examining both for and against stances about these types of ordinances.
While the ordinance is still only at the committee level, Olson said he expects the ordinance will likely be passed on to the council either later this fall or early next spring.
“There is a lot of data,” he said. “You want to do it right … if you’re going to move forward with this you have to do the due justice, do the research on it, both for and against.”
Where offenders reside
Elkhorn: 87
Delavan: 50
Lake Geneva: 38
Walworth: 9
Genoa City: 11
Williams Bay: 2
Sharon: 8
