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<br /> <br />188652v1 <br /> <br /> <br />resides for a period of four or more consecutive or on consecutive days in any month, <br />and which is not the person's permanent residence. <br />(Ord. 11-11-01, passed 11-17-11) <br /> <br />§ 96.03 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE <br />PROHIBITION; PENALTIES; EXCEPTIONS. <br />(A) Prohibited location of residence. It is unlawful for any designated offender to <br />establish a permanent residence or temporary residence within 2,000 feet of any <br />school, licensed day care center, place of worship that provides regular educational <br />programs, park or playground. <br />(B) Prohibited activity. It is unlawful for any designated offender to participate in a <br />holiday event involving children under 16 years of age, such as distributing candy or <br />other items to children on Halloween, wearing a Santa Claus costume on or <br />preceding Christmas, or wearing an Easter Bunny costume on or preceding <br />Easter. Holiday events in which the offender is the parent or guardian of the children <br />involved, and no non-familial children are present, are exempt from this division. <br />(C) Measurement of distance. For purposes of determining the minimum distance <br />separation, the requirement shall be measured by following a straight line from the <br />outer property line of the permanent residence or temporary residence to nearest <br />outer property line of a school, day care center, park, playground, place of worship, <br />or other place where children regularly congregate. The City Clerk shall maintain an <br />official map showing prohibited locations as defined by this chapter. The Clerk shall <br />update the map at least annually to ref lect any changes in the location of prohibited <br />zones. <br />(D) Penalties. A person who violates this section shall be punished by a fine not <br />exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both <br />such fine and confinement. Each day a person maintains a residence in violation of <br />this chapter constitutes a separate violation. <br />(E) Exceptions. A designated offender residing within a prohibited area as <br />described in § 96.03(A) does not commit a violation of this section if any of the <br />following apply: <br />(1) The person established the permanent residence or temporary <br />residence and reported and registered the residence pursuant to M.S. § <br />243.166, § 243.167, or successor statute, prior to November 17, 2011. <br />(2) The person was a minor when he or she committed the offense and <br />was not convicted as an adult. <br />(3) The person is a minor. <br />(4) The school, place of worship, park or day care center within 2,000 <br />feet of the person’s permanent residence was designated or opened after <br />the person established the permanent residence or temporary residence <br />and reported and registered the residence pursuant to M.S. § 243.166 or § <br />243.167.