HomeMy WebLinkAboutOrd #182 - City of Orono TA Sex Offender Residency ORDINANCE NO 182, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE AMENDING CHAPTER 70 OF THE
ORONO CITY CODE CREATING ARTICLE VII
REGARDING SEXUAL PREDATOR RESIDENCY RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Chapter 70 of the Orono City Code is hereby amended to add Article VII to read
as follows:
ARTICLE VII—SEXUAL PREDATOR RESIDENCY RESTRICTIONS
Sec. 70-277. -Findings and Intent.
� Repeat sexual offenders, sexual offenders who use phvsical violence, and sexual offenders
who prev on children are sexual predators who nresent an extreme threat to the public safetv.
Sexual offenders are extremel l�v to use phvsical violence and to reneat their offenses.
Most sexual offenders commit manv offenses,have manY more victims than are ever reported.
and are prosecuted for onlv a fraction of their crimes. This makes the cost of sexual offender
victimization to societv at large, while incalculable, clearly exorbitant.
b� It is the intent of this chapter to serve the ci 's compellin� interest to promote, protect and
improve the health, safetv and welfare of its citizens bv establishin� areas around locations
where children re�ularly cong_regate in concentrated numbers,wherein certain sexual predators
are prohibited from establishin�porarv or permanent residence.
Sec. 70-278.-Defmitions.
The followin� words, terms and phrases, when used in this article, shall have the meanin�s
ascribed to them in this section, except where the context clearly indicates a different meanin�
Dav Care Center— A facilitv licensed bv the State of Minnesota in which care, supervision
and trainine for individuals under the age of 18 is provided for part of a 24-hour period.
Desi�nated O ffender— AnYperson who has been categorized as a Level III nredatorv offender
under Minnesota Statutes Section 244.052, a successor statute, or a similar statute from another
state.
Park or PlaYground—Anv land, includin� improvements, but excluding trails and sidewalks.
operated bv the citv, countv, or the Three Rivers Park District for the use bv the eg neral public as
a recreational area.
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Permanent Residence — A place where a person abides, lodges or resides for 14 or more
consecutive davs.
School—Anv public or non-public educational institution that offers educational instruction to
individuals under the a e� of 1 g•
Temporarv Residence — A place, other than a person's permanent residence, where a person
abides,lod�es,or resides for a period of 14 or more davs in the ag,�regate during any calendar vear
or four or more consecutive or non-consecutive davs durin�v month.
Sec. 70-279. -Residencv Prohibition; Penalties: Exceation.
�a,� Residency Prohibition.
� It is unlawful for anv designated offender to establish a permanent residence or
temporarv residence within 2,000 feet of anv school, daY care center, park or
plavg�'ound•
� For purposes of determining the minimum distance separation, the requirement shall
be measured bv followin a strai�ht line from the outer propertv line of the permanent
residence or temporarv residence of the desi�nated offender to the neazest outer
propertv line of a school, dav care center,park or plav�'ound•
� Penalties.A person who violates this section shall be punished bv a fine not exceedin 1,000,
or bv confinement for a term not exceeding 90 da�v both such fine and confinement.
Each dav a person maintains a residence in violation of this chapter constitutes a seQarate
violation.
� Exceptions.A desi�nated offender residing within a nrohibited area as described in subsection
(a) does not commit a violation of this section if any of the followin ag nplv:
� The designated offender established the nermanent residence or temporarv 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.
�2,Z 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.
�4,� The school, dav care center, park or playground within 2.000 feet of the designated
offender's permanent residence or temporarv residence was designated or opened after
the desi�nated 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 primarv residence of the desi�nated offender's parents,
�dparents, siblin�pouse or adult children.
� The residence is a propertv owned bv the Minnesota Department of Corrections.
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SECTION 2. This Ordinance is effective immediately upon enactment.
�1 _
ADOPTED this��lay of � , 2017, by the Orono City Council.
CITY OF ORONO
�
Dennis Walsh, Mayor
ATT�ST:
�v � ; '
'�-��_-- ' i
�aC Tiegs, City Cl�r ''
Ordinance published in the Lake and the Pioneer newspapers the week of O1-21, 2017
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