07-28-2025 - Agenda Packet City Council - regular meeting

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N O M PUBLIC PROTECTION the establishment's property during the hours prohibited in subsections (a), (b) and (c) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certi- fied mail. (Code 1984, § 9.14(1)—(4); Code 2003, § 70-274) Sec. 5.36.1150. Defenses. (a) It is an affirmative defense for a juvenile to prove that the juvenile was: (1) Accompanied by his parent, guardian, or other responsible adult. (2) Engaged in a lawful employment activity or was going to or returning home from his place of employment. (3) Involved in an emergency situation. (4) Going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) On an errand at the direction of a parent or guardian. (6) Exercising First Amendment rights protected by the United States Constitu- tion or Minn. Const. art. I. (7) Engaged in interstate travel. (8) On the public right-of-way boulevard or sidewalk abutting the property contain- ing the juvenile's residence or abutting the neighboring property, structure, or residence. (b) It is an affirmative defense for a proprietor of an establishment to prove that the proprietor or employee: (1) Reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stats. § 340A.503, § 5.36.1210 subd. 6, or other verifiable means, includ- ing, but not limited to, school identifica- tion cards and birth certificates. (2) Promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. (Code 1984, § 9.14(5); Code 2003, § 70-275) Sec. 5.36.1160. Review. The council shall conduct yearly reviews of this article to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the city attorney shall prepare and submit a report to the council evaluating violations of this article and juvenile crime and victimization during the preceding year. (Code 2003, § 70-276) ARTICLE VII. SEXUAL PREDATOR RESIDENCY RESTRICTIONS Sec. 5.36.1210. Findings and intent. (a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this article 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 sexual predators are prohibited from establishing temporary or permanent residence. (Code 2003, § 70-277; Ord. No. 182(3rd series), § 1, 1-9-2017)