Residents press Wahoo council to draft 500-foot residency buffer for registered sex offenders

The Wahoo City Council heard several residents urge adoption of a local ordinance to prohibit registered sex offenders from living within 500 feet of schools or DHHS-licensed childcare facilities, and the council directed staff to prepare ordinance language for the next meeting.

Chase Landry, a Wahoo resident, told the council a registered sex offender had declared a temporary residence adjacent to his property next to a licensed childcare facility and said neighbors now “feel unsafe and very uneasy” letting children play outside. “I would like to see the City of Wahoo adopt a similar ordinance,” Landry said, adding he had provided model ordinances from other Saunders County municipalities in the meeting packet.

The request is grounded in state law that authorizes municipalities to enact local residency restrictions. City counsel reminded the council that while Nebraska law enables local restrictions, it also raises enforcement and constitutional questions—most notably whether an ordinance could force someone who lawfully lived at a location before the law’s enactment to move. Counsel said that the statute contains a grandfathering element and that courts have not definitively resolved whether compelling an existing resident to move would amount to an unconstitutional taking.

Council members and commenters pressed for clarity about enforcement roles. A speaker noted the county sheriff’s office typically administers the registration process and provides registrants with rules; counsel agreed that registration enforcement is handled by the sheriff under the registry statute but said any city ordinance would rely on municipal code violations for enforcement. One council member said the city should coordinate with the sheriff to ensure practical enforcement and landlord outreach.

Residents who spoke in support of the ordinance emphasized safety and community confidence. Jason Moffitt said he and his family were surprised to learn Wahoo lacked such a restriction and urged action “to help protect our children.” Kate Clark, who said she drives from Ashland, described being a survivor and said the measure would help the city “lead” on child safety.

The council did not adopt an ordinance at the meeting. Instead, members voted to ask staff to draft proposed ordinance language for presentation at the next council meeting, so the council can review enforcement mechanisms, clarify grandfathering implications, and coordinate with the county sheriff’s office before taking formal action.