A. Prohibited Location of Residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within two thousand (2,000) feet of any of the following places:
1. Playground;
2. Licensed daycare;
3. Place of worship which provides regular educational programs (i.e., Sunday School) or day care service;
4. Public park, activity or science center; or
5. Public or private school providing elementary, middle school or high school education.
B. Prohibited Activity. It is unlawful for any designated offender to participate in a holiday event involving children under eighteen (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-familiar 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, playground, licensed daycare, public park, place of worship, or school.
2. The City Clerk shall maintain an official map showing prohibited locations as defined by this Ordinance. The City Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. The map shall not be deemed conclusive or all-encompassing since prohibited zones change from time to time including but not limited to licensed daycares.
D. Penalties. A person who violates this section shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by confinement for a term not exceeding ninety (90) days, or by both such fine and confinement. Each day a person maintains a residence in violation of this Ordinance constitutes a separate violation.
E. Exceptions. A designated offender residing within a prohibited area as described in Section 5-1103.A of this Section 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 Minnesota Statute 243.166, 243.167, or successor statute, prior to [effective date].
2. The person was a minor when he/she committed the offense and was not convicted as an adult.
3. The person is a minor.
4. The school or daycare center within two thousand (2,000) feet of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statute 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.