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(Pub. April 8, 2010)VILLAGE OF NORTH HUDSON RESOLUTION NUMBER 2010-02 A RESOLUTION OPPOSING 2009 SENATE BILL 548, PROPOSING TO PROHIBIT CITIES, VILLAGES AND TOWNS FROM ENACTING AND ENFORCING SEX OFFENDER RESIDENCY RESTRICTION AND CH

Thursday, April 8, 2010 - 12:00am

WHEREAS, 2009 Senate Bill 548, introduced on February 18, 2010, proposes to prohibit a political subdivision, including cities, villages and towns, from enacting an ordinance or adopting a resolution that specifically affects the placement or residency of, or areas that may not be entered or exited by, an individual based on that individual's status as a sex offender; and also proposes to prohibit a political subdivision from enforcing any such ordinance or resolution it has already ordained or adopted in the years prior to the effective date of the proposed law; and,

WHEREAS, such proposed legislation, if adopted, would prohibit the continued enforcement by Wisconsin cities, villages and town of their existing sex offender residency restriction and child safety ordinances, and prevent other Wisconsin cities, villages and towns from enacting such regulations in the future; and,

WHEREAS, the City of Franklin, Wisconsin was among the first of now many Wisconsin municipalities, including the Village of North Hudson, to adopt ordinances providing for local sex offender residency restrictions and/or establishing child safety zones, which ordinances were ordained following the review of a voluminous legislative record, containing other state and local municipality laws, and reports, studies and articles from across the country; and following a history of substantial citizen interest and input, including public meetings which were attended by hundreds and hundreds of citizens, all voicing or concurring in the need to protect the community from the evils of sex offender re-offense; and,

WHEREAS, the City of Franklin sex offender residency restriction ordinance and its enforcement were reviewed and upheld by the Milwaukee County Circuit Court in Case No. 07-CV9978, wherein the City of Franklin prevailed over an asserted nine constitutional challenges and a preemption challenge asserting the claim that the local authority to regulate those matters as set forth in the ordinances had been preempted by State law; and

WHEREAS, the Village of North Hudson ordinance providing for sex offender residency restrictions have been in effect and enforced since November 2009 and the North Hudson Police Chief has opined that the ordinances are an extremely important public safety tool and their enforcement is necessary to protect the public and primarily, the children; and,

WHEREAS, each of the 1,850 Wisconsin cities, villages and towns are unique; and each Wisconsin city, village and town should be entitled to provide for the health, to provide for the safety and to provide for the welfare of its citizens and its children under its Home Rule authority.

NOW, THEREFORE, BE IT RESOLVED, by the President and Trustees of the Village of North Hudson, Wisconsin, that the Village of North Hudson strongly opposes 2009 Senate Bill 548 and any other legislative effort which proposes to prohibit or inhibit the rights of Wisconsin municipalities and their citizens to provide for their own health, safety and welfare in the regulation of sex offender placement and residency.

BE IT FURTHER RESOLVED that a copy of this resolution be provided to Representative Kitty Rhoades and Senator Sheila Harsdorf, our representatives in the State Assembly and State Senate.

PASSED AND ADOPTED by the Village Board of the Village of North Hudson this 30th day of March, 2010.

/s/George Klein, President

ATTESTED: Becky Milbrandt, Village Clerk

Village of North Hudson, Wisconsin

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