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
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