(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)