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

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M O M § 5.36.1220 ORONO CODE Sec. 5.36.1220. 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: Day care center means a facility licensed by the state in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. Designated offender means any person who has been categorized as a Level III predatory offender under Minn. Stats. § 244.052, a succes- sor statute, or a similar statute from another state. Park or playground means any land, including improvements, but excluding trails and sidewalks, operated by the city, county, or the Three Rivers Park District for the use by the general public as a recreational area. Permanent residence means a place where a person abides, lodges or resides for 14 or more consecutive days. School means any public or non-public educational institution that offers educational instruction to individuals under the age of 18 years. Temporary residence means 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. (Code 2003, § 70-278; Ord. No. 182(3rd series), § 1, 1-9-2017) Sec. 5.36.1230. Residency prohibition; penalties; exception. (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. (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. (b) Penalties. A person who violates this sec- tion shall be punished by a fine not exceeding $1,000.00, 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 article constitutes a separate violation. (c) Exceptions. A designated offender residing within a prohibited area as described in subsec- tion (a) of this section does not commit a viola- tion 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 Minn. Stats. § 243.166, 243.167, or successor statute, prior to the effective date of the ordinance from which this section is derived. (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 Minn. Stats. § 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 state department of corrections. (Code 2003, § 70-279; Ord. No. 182(3rd series), § 1, 1-9-2017) CD5:84