(A) Purpose. The Madison Lake City Council intends to serve the city's compelling interest to promote, protect and improve the health, safety, and welfare of Madison Lake citizens under this chapter. It is the express intent of the City Council to further that interest by: creating areas around locations where children regularly congregate in concentrated numbers within which certain predatory offenders are prohibited from establishing temporary or permanent residence; and, by mitigating the concentration of certain predatory offenders, as recommended by M.S. § 244.052, Subd. 4a, by prohibiting certain predatory offenders from establishing temporary or permanent residence within close proximity to one another.
(B) Findings. The City Council finds that repeat predatory offenders present a real threat to the public safety and especially to that of children. Certain predatory offenders are likely to use physical violence and present a high risk to repeat their offenses, and most such predatory offenders have committed many more offenses and have many more victims than are ever reported and prosecuted. This makes dealing with the danger posed to the public safety and especially that of children by those certain predatory offenders extremely important.
(Ord. 2015-05, passed 5-6-2015)
For purposes of this chapter the following definitions will apply unless the context or intent clearly requires a different meaning:
(A) Designated predatory offender. Any person who is required to register as a predatory offender under M.S. § 243.166, as may be amended from time to time, and who has been categorized as a Level III predatory offender under M.S. § 244.052, Subd. 3, a successor statute, or a similar statute from another state.
(B) Permanent residence. A place where a person abides, lodges, or resides for 14 or more consecutive days.
(C) Temporary residence. A place where a 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 4 or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
(D) School. A public or nonpublic preschool, elementary or secondary school.
(E) Licensed child care facility. A child care facility currently licensed by the Blue Earth County, Minnesota, Public Health and Human Services Department and/or the State of Minnesota.
(F) Public park/playground. Means any city-owned, county-owned, state-owned or privately owned but open to the public area, designed, equipped, and set aside for children's play and includes in that area such facilities as play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation and related structures.
(Ord. 2015-05, passed 5-6-2015)
(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 of the following:
(1) Public or private school;
(2) Licensed child care facility;
(3) Public park/playground;
(4) Place of worship which provides regular educational programs;
(5) Designated public school bus stop;
(6) Designated public trails;
(7) Public or private gymnasiums;
(8) Libraries;
(9) Public beaches;
(10) Sporting facilities (i.e. baseball fields, football fields, hockey rinks, soccer fields, etc.) where children are known to congregate; and
(11) The permanent or temporary residence of any other designated predatory offender.
(B) 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 properties listed in division (A).
(Ord. 2015-05, passed 5-6-2015)
This section does not apply under the following circumstances:
(A) Measurement of distance designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, or a successor statute, prior to May 13, 2015;
(B) The designated predatory offender was a minor when he/she committed the offense and was not convicted as an adult;
(C) The designated predatory offender is a minor;
(D) The designated predatory offender has been granted a risk level reduction by the End of Confinement Review Committee, pursuant to M.S. § 244.052, Subd. 3(i).
(E) The school, licensed child care facility or public playground within 2,000 feet of the person's permanent residence was opened after the designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, or a successor statute;
(F) The residence is also the primary residence of the designated predatory offender's parents, grandparents, siblings or spouse, and was their residence prior to May 13, 2015; and
(G) The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to May 13, 2015.
(Ord. 2015-05, passed 5-6-2015)
Loading...