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(A) Prohibited location of residence.
(1) It is unlawful for any designated offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, private playground, public park, or public playground.
(2) It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of another permanent residence or temporary residence housing a designated predatory offender.
(B) Measurement of distance. For purposes of determining the minimum distance separation required by § 99.03(A), the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated offender to the nearest outer property line of the school, child care facility, private playground, public park, or public playground.
(C) Official map. The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. The map shall not be deemed conclusive or all encompassing, or relieve any person subject to this ordinance from their duty to comply with the prohibitions herein, since prohibited zones change from time to time.
(Ord. 1608, passed 12-13-16)
A designated offender residing within the prohibited area as described in § 99.03 (A) does not commit a violation of that Section if any of the following apply:
(A) The designated offender established a 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 the effective date of this ordinance December 13, 2016.
(B) The designated offender was a minor when he or she committed the offense and he or she was not convicted as an adult.
(C) The designated offender is a minor.
(D) The school, licensed child care facility, private playground, public park, public playground within 2,000 feet of the designated offender's permanent residence or temporary residence was opened after the designated 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.
(E) The designated offender's permanent residence or temporary residence is also the primary residence of the designated offender's parent(s), grandparent(s), sibling(s), spouse, or child(ren).
(Ord. 1608, passed 12-13-16)
(A) It is unlawful to let or rent any place, structure, or part thereof, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, is located within a prohibited location zone described in § 99.03(A).
(B) A violation of this section shall subject the violator to the code enforcement provisions and procedures as provided for in Chapter 38 of the City Code, but shall not be exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of St. Michael to seek cumulative remedies.
Should any section, subdivision, clause or other provision of this chapter be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the chapter as a whole, or of any part thereof, other than the part held to be invalid.
(Ord. 1608, passed 12-13-16)
Any person convicted of violating any provision of this chapter shall be punished by a fine not exceeding $1,000 or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a designated offender maintains a permanent or temporary residence in violation of this chapter shall constitute a separate offense.
(Ord. 1608, passed 12-13-16)