CHAPTER 13
SEXUAL OFFENDER RESIDENCE LOCATION RESTRICTIONS
SECTION:
6-13-1: Definitions
6-13-2: Location Of Residence
6-13-3: Penalties
6-13-4: Exceptions
6-13-5: Renting Real Property In Violation Of This Chapter
6-13-1: DEFINITIONS:
For purposes of this chapter, the following terms shall be defined as stated:
DESIGNATED OFFENDER: Any person who has been convicted, adjudicated, or committed for a designated sexual offense, as defined herein, or who is required to register as a predatory offender pursuant to Minnesota Statutes 243.166 (2016 or as amended) in which the victim of the offense was less than sixteen (16) years of age at the time of the offense or for which the offender has been categorized as a "Level III sex offender" under Minnesota Statutes.
DESIGNATED SEXUAL OFFENSE: A conviction, adjudication of delinquency, or commitment under Minnesota Statutes chapter 253B involving any of the following offenses: Minnesota Statutes sections: 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 fourteen (14) days in the aggregate during a 12-month period or a place where the person routinely abides, dwells, inhabits or stays for four (4) or more consecutive or nonconsecutive 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 chapter. (Ord. 017-726, 6-5-2017)
6-13-2: LOCATION OF RESIDENCE:
It is unlawful for any designated offender to establish residence or otherwise reside within one thousand five hundred feet (1,500') of any of the following uses (hereinafter referred as "protected zones"):
A public place of worship that is maintained and controlled by a religious organization/body and at which regular educational programs are provided (e.g., Sunday school).
Adult establishment (sexually oriented) businesses.
Licensed child care center (excluding in-home daycare providers).
Public park or playground.
School for pre-K through Grade 12, public or private.
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.
The Police Chief shall maintain an official map showing approximate locations in which a designated offender is prohibited to reside, as defined by this chapter. 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. (Ord. 017-726, 6-5-2017)
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