CHAPTER 97: PREDATORY OFFENDERS
Section
   97.01   Findings and intent
   97.02   Definitions
   97.03   Residence prohibition; penalties; exceptions
   97.04   Renting real property; penalties
§ 97.01 FINDINGS AND INTENT.
   Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children and vulnerable individuals, are predators who present a threat to the public safety. Predatory offenders are likely to use physical violence or force and to repeat their offenses. Most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. Moreover, predatory offenders often learn and evolve as they commit additional offenses, thereby making detection of their unlawfulness more difficult for authorities. This makes the cost of predatory offender victimization to society at large, while incalculable, clearly exorbitant.
   (B)   It is the intent of this chapter 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 wherein certain predatory offenders are prohibited from establishing a primary or secondary address.
(Ord. 16-13, passed 12-12-2016; Ord. 18-08, passed 3-12-2018)
§ 97.02 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   DESIGNATED OFFENDER. Any person who:
      (1)   Is required to register as a predatory offender under M.S. § 243.166;
      (2)   Is assigned at Risk Level II or Risk Level III under M.S. § 244.052(3); and
      (3)   Has been convicted of a designated sexual offense, regardless of whether the adjudication has been withheld.
   DESIGNATED SEXUAL OFFENSE. A conviction, commitment under M.S. Ch. 253B, or admission of guilt under oath without adjudication involving any of the following offenses: M.S. § 609.342, Subd. 1(a), (b), (g), (h), M.S. § 609.343, Subd. 1(a), (b), (g), (h), M.S. § 609.344, Subd. 1(a), (b), (e), (f), (g), M.S. § 609.345, Subd. 1(a), (b), (e), (f), (g), M.S. § 609.352, M.S. § 617.23, Subd. 2(1), 3(1), M.S. § 617.246, Subd. 2 successor statutes, or a similar offense from another state.
   PRIMARY ADDRESS. The mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible.
   SECONDARY ADDRESS. The mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person’s primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. However, the location of a supervised publicly or privately-operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in M.S. § 116L.361, subd. 5, does not constitute a secondary address.
(Ord. 16-13, passed 12-12-2016; Ord. 18-08, passed 3-12-2018)
§ 97.03 RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS.
   (A)   Prohibited location of residence. It is unlawful for any designated offender to establish a primary address or secondary address within 1,200 of any of the following places:
      (1)   Public or private school; or
      (2)   Licensed child care facilities.
   (B)   Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter bunny costume on or preceding 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)   Measurement of distance.
      (1)   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 primary address or secondary address to the nearest outer property line of the places identified in division (A).
      (2)   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.
   (D)   Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor or administrative citation and shall be punished as provided in this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation.
   (E)   Exceptions. A designated offender residing within a prohibited area as described in division (A) of this section does not commit a violation of this section if any of the following applies:
      (1)   The person established the primary address or secondary address and reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor statute, prior to December 18, 2016.
      (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 school or licensed child care facility within 1,200 of the person’s primary address or secondary address was opened after the person established the primary address or secondary address and reported and registered the residence pursuant to M.S. §§ 243.166 or 243.167.
      (5)   The residence is also the primary address and secondary address of the person’s parents, grandparents, adult children, or spouse.
(Ord. 16-13, passed 12-12-2016; Ord. 18-08, passed 3-12-2018)
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