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A. Findings And Intent:
1. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to public safety. Current information indicates that such predatory offenders are likely to use physical violence and to repeat their offenses, and most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The cost of predatory offender victimization to society at large, while not precisely calculable, is steep.
2. 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 predatory offenders are prohibited from establishing temporary or permanent residences.
3. The Inver Grove Heights City Council has determined that it is necessary and in the public interest to impose a permanent ordinance limiting the residency locations of designated predatory offenders within the City.
B. Definitions: The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
DESIGNATED PREDATORY OFFENDER: Any person who has been convicted, adjudicated delinquent, or convicted as an extended jurisdiction juvenile of an offense identified in Minnesota Statutes section 243.166, subd. 1b, or a similar offense under the laws of another state, requiring the offender to register with the Department of Corrections and who has been assigned a risk level of III (referred to as a level III predatory offender) pursuant to Minnesota Statutes section 244.052; or any person who otherwise is required to register with the Department of Corrections and has been assigned a risk level of III (referred to as a level III predatory offender).
LEARNING CENTER: A public or nonpublic learning center dedicated to providing individualized instruction and enhanced academic learning skills, study skills, homework support, and test preparation for college entrance and state exams. A learning center primarily serves students in primary and secondary education, but may also include pre-school age education.
LIBRARY: The Inver Glen Library or any other public library as defined in Minnesota Statutes section 134.001.
LICENSED CHILDCARE CENTER: A child care center or family child care program licensed by Dakota County or the State of Minnesota.
PERMANENT RESIDENCE: A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
PUBLIC PARK: An improved or unimproved public park owned by the City of Inver Grove Heights, Dakota County, a school district or other governmental entity.
RELIGIOUS FACILITY: A church or other place of worship which provides programming for minors, or is improved with an outdoor area designed, equipped, and set aside primarily for children's play.
SCHOOL: A public or nonpublic preschool, elementary school, secondary school, high school or college (including Inver Hills Community College).
TEMPORARY RESIDENCE: 1. A place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; or
2. A place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
C. Permanent Residency Regulations For Designated Predatory Offenders:
1. It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence on a parcel where any portion of the parcel lies within one thousand feet (1,000') of any school, learning center, licensed childcare facility, religious facility, public park, or library.
2. For purposes of determining the minimum distance separation required by this section, the requirement shall be measured by following a straight line from the outer property line of the property where the permanent or temporary residence of the designated predatory offender is located to the nearest outer property line of the school, learning center, licensed childcare facility, religious facility, public park, or library property.
3. A designated predatory offender residing within a prohibited area as described in this section 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 Minnesota Statutes, sections 243.166 and 243.167 or a successor statute, prior to September 25, 2017;
b. The person was a minor when he or she committed the offense and was not convicted as an adult;
c. The person is a minor;
d. The school, learning center, licensed childcare facility, religious facility, public park, or library within one thousand feet (1,000') of the person's permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 and 243.167, or a successor statute; or
e. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to September 25, 2017.
D. Penalty And Enforcement:
1. A violation of this section shall be a misdemeanor. In addition, the City may enforce this section by mandamus, injunction, and other appropriate remedy in any court of competent jurisdiction. (Ord. 1342, 9-25-2017)