01-09-2017 Council Packet - Laserfiche WebLink

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Permanent Residence — A place where a person abides, lodges or resides for 14 or more consecutive dam School — AU public or non-public educational institution that offers educational instruction to individuals under the aEze of 18. 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 or four or more consecutive or non-consecutive days during any month. Sec. 70-279. - Residency Prohibition; Penalties; Exception. La) Residency Prohibition. W 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. Q 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 play rg ound. 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 daffy both such fine and confinement. Each dayperson maintains a residence in violation of this chapter constitutes a separate violation. Lc) Exceptions. A designated offender residing within a prohibited area as described in subsection (a) does not commit a violation of this section if any of the following apply: 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. The designated offender was a minor when he or she committed the offense and was not convicted as an adult. The designated offender is a minor. 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. The residence is also the primary residence of the designated offender's parents, grandparents, siblings, spouse or adult children. The residence is a property owned by the Minnesota Department of Corrections. 187394v1