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HomeMy WebLinkAboutCC Ex A Sex Offender Big Lake Ord 8-22-16 188652v1 EXHIBIT A Big Lake City Code Section 596 – Sexual Predator Residency Restrictions 596.01 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 chapter 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. 596.02 Definitions. The following words and terms when used in the Section shall have the following meanings, unless the context clearly indicates otherwise: A. “Day Care Center” – A facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. B. “Designated Offender” – Any person who has been categorized as a Level III predatory offender under Minnesota Statutes Section 244.052, a successor statute, or a similar statute from another state. C. “Park or Playground” – Any land, including improvements, operated by the city for the use by the general public as a recreational area. D. “Permanent Residence” – A place where a person abides, lodges or resides for 14 or more consecutive days. E. “School” – Any public or non-public educational institution that offers educational instruction to individuals under the age of 18. F. “Temporary Residence” – 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. 596.03 Residency Prohibition; Penalties; Exception. Subd. 1 Residency Prohibition. A. 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. B. 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 Council Exhibit A 188652v1 designated offender to the nearest outer property line of a school, day care center, park or playground. Subd. 2 Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, 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 chapter constitutes a separate violation. Subd. 3 Exceptions. A. A designated offender residing within a prohibited area as described in Subdivision 1 does not commit a violation of this section if any of the following apply: i. The designated offender established the permanent residence or temporary 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. ii. The designated offender was a minor when he or she committed the offense and was not convicted as an adult. iii. The designated offender is a minor. iv. 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 M.S. § 243.166 or § 243.167, or successor statute.