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HomeMy Public PortalAbout612 Ordinance Regarding Predatory Offender Residency Restrictions; Amending Chapter 3 of the City CodeCITY OF MEDINA ORDINANCE NO.612 AN ORDINANCE REGARDING PREDATORY OFFENDER RESIDENCY RESTRICTIONS; AMENDING CHAPTER 3 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. The Medina city code is amended by adding the following sections to Chapter 3, Section 300 as follows: Section 300.15. Predatory Offender Residency Restrictions Subd. 1. Findings and Intent. (a) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children are predators who present an extreme threat to the public safety. Predatory offenders are extremely likely to use physical violence and to repeat their offenses. Most predatory offenders commit many offenses, have more victims than are ever reported, and are prosecuted for only a fraction of their crimes. 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 its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain predatory offenders are prohibited from establishing temporary or permanent residence. Subd. 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Day Care Center — A facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. (b) Designated Offender — Any person who has been categorized as a Level III predatory offender under Minnesota Statutes § 244.052, a successor statute, or a similar statute from another state. (c) Park or Playground — Any land, including improvements, but excluding trails and sidewalks, operated by a city, county, or the Three Rivers Park District for the use by the general public as a recreational area. (d) Permanent Residence — A place where a person abides, lodges or resides for 14 or more consecutive days. (e) School — Any public or non-public educational institution that offers educational instruction to individuals under the age of 18. Ordinance No. 612 1 June 6, 2017 (f) Temporary Residence — A place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non- consecutive days during any month. Subd. 3. Residency Prohibition; Penalties; Exceptions. (a) Residency Prohibition. (1) It is unlawful for any Designated Offender to establish a Permanent Residence or Temporary Residence within 2,000 feet of any School, Day Care Center, Park or Playground. Such prohibition shall apply regardless of whether the School, Day Care Center, Park or Playground is located in the City of Medina or a neighboring city. (2) 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 of the Designated Offender to the nearest outer property line of a School, Day Care Center, Park or Playground. (3) A map of prohibited areas within 2,000 feet of any School, Day Care Center, Park or Playground will be kept by the City of Medina Police Department. (b) Penalties. A person who violates this section 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 person maintains a residence in violation of this chapter constitutes a separate violation. (c) Exceptions. A Designated Offender residing within a prohibited area as described in Section 300.15 Subd. 3(a) does not commit a violation of this section if any of the following apply: (1) The Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to the effective date of this section. (2) The Designated Offender was a minor when he or she committed the offense and was not convicted as an adult. (3) The Designated Offender is a minor. (4) The School, Day Care Center, Park or Playground within 2,000 feet of the Designated Offender's Permanent Residence or Temporary Residence was designated or opened after the Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167, or successor statute. (5) The residence is also the primary residence of the Designated Offender's parents, grandparents, siblings, spouse, or adult children. (6) The residence is a property owned by the Minnesota Department of Corrections or the federal government. Ordinance No. 612 2 June 6, 2017 SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 6th day of June, 2017. Bob Mitchell, Mayor Attest: Jodf M. Gallup, City Clerk Published in the Crow River News on the 1 Sth day of June, 2017. Ordinance No. 612 3 June 6, 2017 4 I