(A) Purpose. It is the intent of the city to protect the nature of the community for all of its citizens. In order to fulfill that interest, the City Council has determined it is appropriate to restrict the residency of certain predatory offenders by creating areas around locations where children regularly congregate in concentrated numbers; and also to prohibit certain predatory offenders from establishing temporary or permanent residence in such areas.
(B) Findings. The City Council finds that repeat predatory offenders present a real threat to public safety and especially to that of children. Certain predatory offenders are likely to use physical violence and present a high risk to repeat their offenses. That makes dealing with the danger posed by repeat predatory offenders extremely important.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD. Any person under 18 years of age.
DESIGNATED PREDATORY OFFENDER. Any person who is required to register as a predatory offender under M.S. § 243.166, and who has been categorized as a level III predatory offender under M.S. § 244.052, or similar statute from another state. Also, any person who has been convicted or has plead guilty to criminal sexual conduct under M.S. §§ 609.342, 609.343, 609.344, 609,345, 609.3451, Subd. 3, or 609.3453, or successor statute, in which the victim of the offense was less than 16 years of age.
LICENSED CHILD CARE CENTER. A child care center currently licensed by Blue Earth County, Minnesota Public Health and Human Services.
PERMANENT RESIDENCE. A place where a person abides, lodges, or resides for 14 or more consecutive days. An ownership interest by the person in such residence is not required.
PUBLIC PARK, PLAYGROUND, or RECREATIONAL CENTER. Any area city owned, county owned, state owned, or privately owned, but open to the public, that is designed, equipped, or set aside for children's play, and includes in that area such facilities as play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.
PUBLIC TRAIL. A trail designated by a city, county, state, or federal government for the use of the public for recreational pursuits, such as hiking, walking, running, cycling, or snowmobiling.
SCHOOL. Any public or nonpublic preschool, elementary, or secondary school.
TEMPORARY RESIDENCE. A place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year, and which is not the person's permanent address; or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
(D) Prohibited locations of residence. It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 2,000 feet of any of the following:
(1) Schools;
(2) Licensed child care centers;
(3) Public parks, playgrounds, or recreational centers;
(4) Places of worship which provide regular educational programs;
(5) Designated public trails;
(6) Public and private gymnasiums;
(7) Sports facilities and areas where children are known to congregate (for example, baseball fields, softball fields, football fields, ice rinks, hockey rinks, soccer fields, basketball courts, sliding hills, tennis courts, volleyball courts, and the like);
(8) The permanent or temporary residences of any other designated predatory offenders; and
(9) Designated public or private school bus pickup and drop off sites.
(E) Measurement of distance. For the purpose of determining the minimum distance of separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence, to the nearest outer property line of the properties listed in division (D).
(F) Exceptions. A designated predatory offender residing within a prohibited area as described in division (D) does not commit a violation of this section if any of the following apply:
(1) The designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, or a successor statute, prior to enactment of this section;
(2) The designated predatory offender was a minor when he or she committed the offense and was not convicted as an adult;
(3) The designated predatory offender is a minor;
(4) The designated predatory offender has been granted a risk level reduction by the End of Confinement Review Committee, pursuant to M.S. § 244.052, Subd. 3(i), or a successor statute;
(5) The school, licensed child care center, or public park, playground, or recreational center was opened after the designated predatory offender established the permanent or temporary residence and properly reported and registered the same pursuant to M.S. §§ 243.166 and 243.167, or a successor statute; or
(6) The residence is also the primary residence of the designated predatory offenders parents, grandparents, siblings, or spouse, and was their residence prior to enactment of this section.
(G) Property owners prohibited from renting real property to designated predatory offenders in the exclusion zones.
(1) It shall be unlawful for any property owner to rent or lease real estate to any designated predatory offender if the property is in the prohibited zone established in division (D). If a property owner discovers or is informed that a tenant is a designated predatory offender after a rental agreement is signed, a property owner shall commence eviction proceedings against the designated offender and take action to ensure that the designated predatory offender is not residing in the exclusion zone.
(2) Property owners in violation of this provision shall be punished as set forth in division (H).
(H) Penalty. Any person or entity that violates any provision of this section shall be punished according to the laws of the State of Minnesota. A violation of this section shall constitute a misdemeanor. Each day a person maintains a temporary or permanent residence in violation of this section constitutes a separate violation.
(Ord. 139, passed 2-6-2017)