(A) Purpose and intent. The City Council of the City of Dayton finds that sexual offenders and sexual predators present an extreme threat to the health, safety, and welfare of the citizens of the city. 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 by creating areas around locations where children regularly congregate in concentrated numbers wherein certain designated offenders are prohibited from loitering or prohibited from establishing temporary or permanent residency.
(B) Definitions.
A PLACE WHERE CHILDREN REGULARLY CONGREGATE. Any school, licensed day care center, park or playground, place of worship, and any other PROHIBITED AREA, as defined in division (B) above.
DESIGNATED OFFENDER. Any person who has been categorized as a Level II or Level III sex offender under M.S. § 244.052 or successor statute.
DESIGNATED SEXUAL OFFENSE. A conviction, commitment under M.S. Ch. 253B or successor statute, or admission of guilt under oath without adjudication involving any of the following offenses under M.S. §§ 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.246; 617.247; 617.293; successor statutes; or a similar offense from another jurisdiction.
LOITERING. Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around an area.
PARK OR PLAYGROUND. One of the following:
(a) Any land, including improvements to the land that is administered, operated or managed by the city for the use of the general public as a recreational area.
(b) City recreational areas include, but are not limited to, conservation area, hiking trail, biking trail, swimming pool, or athletic fields.
PERMANENT RESIDENCE. A place where the person abides, lodges, or resides for 14 or more consecutive days.
PROHIBITED AREA. Any public recreation center or youth athletic field, public library, or privately operated “tot lot.”
TEMPORARY RESIDENCE. A place where the 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.
(C) Designated offender residence and activity prohibited; penalties; exceptions.
(1) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence:
(a) Within 2,000 feet of any school, licensed day care center, park or playground;
(b) Within 2,000 feet of any prohibited area, as defined in division (B)(6) above; or
(c) Within 1,000 feet of any place of worship.
(2) Prohibited activity.
(a) It is unlawful for any designated offender to knowingly loiter at a place where children regularly congregate.
(b) Designated offenders shall not, on each October thirtieth and thirty-first (or any other date set by the city for trick-or-treaters) distribute candy or other items to children, leave an exterior porch light on or otherwise invite trick-or-treaters to solicit their residence.
(3) Measurement of distance.
(a) 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 the nearest outer property line of the prohibited area or property.
(b) The City Clerk shall maintain an official map showing prohibited areas as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited areas.
(4) Penalties. Any person violating any provision of this Section shall be guilty of a misdemeanor as defined by state law and § 130.99 of this code and subject to the penalties thereof. Each day a person maintains a residence in violation of this section constitutes a separate violation.
(5) Exceptions. A designated offender residing within a prohibited area location does not commit a violation of this section if any of the following apply:
(a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167 or successor statutes, prior to (insert date of initial adoption of § 130.21).
(b) The person was a minor when he/she committed the offense and was not convicted as an adult.
(c) The person is a minor.
(d) The prohibited area was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167.
(e) The residence is a property owned or leased by the Minnesota Department of Corrections.
(f) The specific location of residence for the Designated Offender has been approved by a final order issued by the Special Review Board and Judicial Appeal Panel under M.S. Ch. 253D with all appeal time lines expired, or all appeals finalized. The designated offender's location has 24-hour supervision, GPS monitoring, staff supervision while outside; doors and windows shall be alarmed monitored by alarm company with exterior notification light. All windows shall have curtains or other full window coverings. The designated offender's location will have standard operation procedures present at the facility with notification guidelines of an escape or incident. The city also reserves the right to require additional screening of the home and yard by either fencing, berms, landscaping and/or any combination thereof.
(g) For purposes of division (C)(5)(a) and (d) above, a person does not establish a permanent residence until the person has physically abided, lodged, or resided at the residence for a period of 14 consecutive days. A person will not be deemed to have established a temporary residence until the person has physically abided, lodged, or resided at the temporary residence for:
1. Four or more consecutive or non-consecutive days in a month; or
2. Fourteen or more days in the aggregate in any calendar year.
(h) Reporting and registering the residence pursuant to Minn. Stat. §§ 243.166 and 243.167, standing alone, does not establish a permanent residence or a temporary residence.
(D) Property rental prohibited; penalties.
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure, or part thereof, is located within a prohibited area and not subject to an exception set forth in division (C)(5) above.
(2) A property owner who violates this section shall be guilty of a misdemeanor as defined by state law and § 130.99 of this code and shall be subject to the penalties thereof.
(Ord. 2016-21, passed 10-28-2016; Ord. 2019-05, passed 4-9-2019)