They say it is NOT unconstitutional???

Burlington adopts sex offender ordinance after months of debate

BURLINGTON - After months of debate and tweaking since its original inception hailed by supporters as a move to protect children, Burlington has adopted a controversial ordinance that limits some sex offenders' whereabouts within the city.

The City Council unanimously approved it last week, making Burlington one of the few municipalities in the county to do so.

The ordinance is expected to take effect on Friday, the day after it is published. It creates "child safety zones" in parcels of property where children congregate, like playgrounds, schools or day cares, where sex offenders would not be allowed to reside near or loiter at.

The approved measure applies only to sex offenders whose offenses have been against children or were violent in nature, to the actual parcel of property where children often are and does not restrict offenders' access to religious facilities. Under a recent revision, however, sex offenders visiting religious facilities are not allowed near any school or playground on the premises. That revision, city officials said, was provided in an effort to protect children in parochial schools.

Sex offenders living in a designated child safety zone will be grandfathered in, but city officials said they may not otherwise loiter in restricted areas. The same idea applies for those living within 300 feet of a safety zone.

Officials previously scrapped a 300-foot residential restriction around the zones saying it could cause more challenges for an ordinance that is already a "lightning rod" for legal battles.

Union Grove and Caledonia enacted similar ordinances in 2008 whereas other communities like Racine and Sturtevant dropped the issue due to enforcement and legal challenges.

A sex offender, according to City Attorney John Bjelajac, could potentially claim the ordinance unconstitutionally infringes on his or her rights. But he said he believes it to be fully constitutional, especially with the recent revisions.

Bjelajac quoted a high recidivism rate for child molesters compared to other sex offenders according to studies, adding it's important to reduce the risk of re-offense.

Mayor Robert Miller has also been a staunch supporter of the ordinance, calling the plan a set of "hammers and tools" for local police.

Burlington Police Chief Peter Nimmer has told city officials that officers did not have a way to deal with registered sex offenders who are discharged from their sentences and can go or live where they wish. There are about two dozen registered sex offenders in the city of about 10,500, according to police.

While ecstatic the ordinance was finally approved, Miller said it is not as "strong" as he would have liked; he preferred stricter restrictions, but he said it was at least something to protect the children.

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