§ 95.03  SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS.
   (A)   Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence:
      (1)   Within 2,000 feet of any school, licensed day care center, park, or playground; or
      (2)   Within 1,000 feet of any designated public school bus stop, place of worship which provides regular educational programs (i.e. Sunday school), or other places where children are known to congregate.
   (B)   Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph.
   (C)   Measurement of distance.
      (1)   For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, designated public school bus stop, day care center, park, playground, place of worship, or other place where children regularly congregate.
      (2)   The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones.
   (D)   Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00 or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation.
   (E)   Exceptions. A designated offender residing within a prohibited area as described in § 95.03 (A) does not commit a violation of this section if any of the following apply:
      (1)   The person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to the effective date of adoption of this chapter.
      (2)   The person was a minor when he or she committed the offense and was not convicted as an adult.
      (3)   The person is a minor.
      (4)   The school, designated public school bus stop or day care center within 2,000 feet of the persons permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167.
      (5)   The residence is also the primary residence of the person’s parents, grandparents, siblings, spouse, or children.
      (6)   The residence is a property owned or leased by the Minnesota Department of Corrections.
(Ord. 2012-09-08A, passed 9-8-2012)