(A) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 750 feet of any school, licensed day care center, church, park or playground, school bus stop, or any place where children regularly congregate.
(B) Prohibited activity. It is unlawful for any designated offender to knowingly loiter at a place where children regularly congregate or at school bus stops. Designated offenders shall not, on each October 30 and 31 (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.
(C) 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 residence or temporary residence to the nearest outer property line of the prohibited area or property. The City Clerk shall maintain an official map showing prohibited locations of residence as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of such prohibited areas.
(D) Penalties. Any person violating any provision of this section shall be subject to certain administrative enforcement under § 10.20 of the code and they shall be guilty of a misdemeanor as defined by state law and shall be subject to penalties thereof. Each day a person maintains a residence in violation of this section constitutes a separate violation.
(E) Exceptions. A designated offender residing within a prohibited location of residence 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 and 243.167 or successor statutes, prior to the effective date of this section.
(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 location became a prohibited location 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.
(5) The designated predatory offender has been granted a risk reduction by the End of Confinement Review Committee, pursuant to M.S. § 244.052, Subd. 3(i), as it may be amended from time to time, or a successor statute.
(Ord. 357, passed 7-19-2023)