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School means any public or non-public educational institution that offers educational instruction to <br />individuals under the age of 18. <br />Temporary residence means a place, other than a person's permanent residence, where a person <br />abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or <br />four or more consecutive or non-consecutive days during any month. <br />(Ord. No. 182 3rd series, § 1, 1-9-2017) <br />Sec. 70-279. - Residency prohibition; penalties; exception. <br />(a) Residency prohibition. <br />(1) It is unlawful for any designated offender to establish a permanent residence or temporary <br />residence within 2,000 feet of any school, day care center, park or playground. <br />(2) For purposes of determining the minimum distance separation, the requirement shall be <br />measured by following a straight line from the outer property line of the permanent residence or <br />temporary residence of the designated offender to the nearest outer property line of a school, <br />day care center, park or playground. <br />(b) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00, <br />or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day <br />a person maintains a residence in violation of this chapter constitutes a separate violation. <br />(c) Exceptions. A designated offender residing within a prohibited area as described in subsection (a) <br />does not commit a violation of this section if any of the following apply: <br />(1) The designated offender established the permanent residence or temporary residence and <br />reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor <br />statute, prior to the effective date of this section. <br />(2) The designated offender was a minor when he or she committed the offense and was not <br />convicted as an adult. <br />(3) The designated offender is a minor. <br />(4) The school, day care center, park or playground within 2,000 feet of the designated offender's <br />permanent residence or temporary residence was designated or opened after the designated <br />offender established the permanent residence or temporary residence and reported and <br />registered the residence pursuant to M.S. §§ 243.166 or 243.167, or successor statute. <br />(5) The residence is also the primary residence of the designated offender's parents, <br />grandparents, siblings, spouse or adult children. <br />(6) The residence is a property owned by the Minnesota Department of Corrections. <br />(Ord. No. 182 3rd series, § 1, 1-9-2017)