(A) Prohibited location of residence. It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 2,000 feet of any facility for children or care facility.
(B) Prohibition present in safety zone. It is unlawful for any designated predatory offender to be present within 100 feet of any facility for children or care facility.
(C) Prohibited activity. It is unlawful for any designated predatory offender to participate in a holiday event involving children, such as distributing candy or other items to children on Halloween, wearing a Santa Clause costume on or proceeding Christmas or wearing an Easter Bunny costume on or proceeding 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 division (C).
(D) Measurement of distance. 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 or temporary residence to the nearest outer property line of the facility for children or care facility.
(E) Exceptions. A designated predatory offender residing within a prohibited location, as described herein, does not commit a violation of this chapter if any of the following apply:
(1) The designated predatory offender established the permanent residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, as they may be amended from time to time, or a successor statute, prior to 4-23-2016. Time spent in the county jail, psychiatric or chemical dependency treatment center, hospital, half-way house or other care facility shall not constitute prior permanent residency;
(2) The facility for children or care facility within 2,000 feet of the designated predatory offender’s permanent residence was opened after the designated predatory offender established the permanent residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, as they may be amended from time to time, or a successor statute; and/or
(3) The residence is a property purchased, leased or contracted with and licensed by the state as a psychiatric care hospital or chemical dependency treatment facility which has onsite staffing 24 hours a day, as well as the county jail.
(F) Official map of prohibited locations. The City Administrator shall maintain an official map showing prohibited locations of residences, as defined by this chapter. The City Administrator shall review annually and if appropriate update the map to reflect any changes in the prohibited locations. The map shall not be deemed conclusive or all-encompassing since some prohibited locations change from time to time including, but not limited to, other places where children are known to congregate.
(2002 Code, § 6.85) (Ord. 42A, Seventh Series, effective 4-23-2016) Penalty, see § 134.99