(A) Findings and intent.
(1) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children or individuals less than 16 years of age, are predators who present a threat to the public safety. Many predatory offenders commit more than one offense, have many more victims than are ever reported or found, and are prosecuted for only a fraction of their crimes. Predatory offenders are likely to re-offend, to use physical violence or force, or to escalate in level of offenses against the offender's victims. Persons who have committed criminal offenses involving child pornography are likely to escalate their criminal behaviors to sexual offenses against children. Moreover, predatory offenders often learn and evolve as they commit additional offenses, thereby making detection of their unlawfulness more difficult for authorities.
(2) It is the intent of this section to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city, particularly children, by creating areas around locations where children regularly congregate in which certain sexual (predatory) offenders are prohibited from establishing residence.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED OFFENDER. Any person:
(a) Who has been convicted, adjudicated, or committed for a designated sexual offense, as defined herein, in which the victim of the offense was less than 16 years of age at the time of the offense;
(b) Who is required to register as a predatory offender pursuant to M.S. § 243.166 (2016 or as amended) in which the victim of the offense was less than 16 years of age at the time of the offense; or
(c) Who has been categorized as a "Level III sex offender" under Minnesota Statutes.
DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency, or commitment under M.S. Chapter 253B involving any of the following offenses: M.S. §§ 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense from another state.
RESIDENCE (or RESIDE). A place where a person abides, dwells, inhabits or stays for more than 14 days in the aggregate during 12-month period or a place where the person routinely abides, dwells, inhabits or stays for four or more consecutive or non- consecutive days in any month. RESIDENCE does not require the person to have an ownership interest in or a formal rental or lease agreement for the residence. A hotel, motel, or other commercial lodging establishment, boarding house or shelter, and group home may be deemed a person's residence under this section.
(C) Location of residence.
(1) It is unlawful for any designated offender to establish residence or otherwise reside within 1,500 feet of any of the following uses (hereinafter referred as "protected zones"):
(a) School for pre-K through Grade 12, public or private;
(b) Public park with playground equipment or other public facility designed or used for youth activities, including recreation centers, ice arenas, and aquatic centers, as designated in the city's official parks list;
(c) A public place of worship that is maintained and controlled by a religious organization/ body and at which regular educational programs for children are provided (e.g., Sunday school); and
(d) Licensed child care center (excluding in-home daycare providers).
(2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a horizontal line from any property line of the lot or parcel on which the subject residence is located to the nearest property line of subject use of a prohibited zone identified above.
(3) The Police Chief shall maintain an official map showing approximate locations in which a designated offender is prohibited to reside, as defined by this section. The Police Chief shall update the map at least annually to reflect any changes in the location of prohibited zones. The actual measurement of minimum distance separation between the residence and the use within the prohibited zone shall govern.
(D) Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be subject to the penalties thereof as provided in this code. Each day a person maintains a residence in violation of this section constitutes a separate violation.
(E) Exceptions. A designated offender residing within a prohibited zone as described in section is not in violation of this section if any of the following applies:
(1) The designated offender established the residence and reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor statute, prior to the effective date of this section;
(2) The designated offender is under the age of 18 and resides with a parent or legal guardian;
(3) The school, park, playground, place of worship, or licensed child care facility within 1,500 feet of the designated offender's proposed residence commenced operation after the designated offender established residence and reported/registered the residence pursuant to Minnesota Statutes governing sex offender registration requirements;
(4) The designated offender owned and resided at the residence at the time of committing the designated sexual offense and retains ownership of the residence at all times relevant to application of this section.
(F) Renting real property in violation of this section.
(1) It is unlawful to let or rent any place, building, trailer or other structure, or part thereof, with the knowledge that it will be used as a residence by any person prohibited from establishing such residence pursuant to this section, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited zone described in this section.
(2) A property owner's failure to comply with provisions of this section shall constitute a violation of this section.
(Ord. 1026, passed 2-23-17; Am. Ord. 1073, passed 4-9-20; Am. Ord. 1075, passed 5-14-20)