(A) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence:
(1) Within 1,000 feet of any school, licensed daycare, park, or playground; or
(2) Within 1,000 feet of any place of worship which provides regular educational programs (i.e., Sunday school), or other places where children are known to congregate.
(B) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume around Christmas, or wearing an Easter Bunny costume for Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no nonfamilial children are present, are exempt from this subsection.
(C) Measurement of distance.
(1) For purposes of deterinining 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 to the nearest outer property line of a school, licensed daycare, park, playground, place of worship, or other place where children regularly congregate.
(2) The city shall maintain an associated reference map showing prohibited locations for designated offenders to reside as defined by this chapter. The reference map shall be updated as needed, and in no way shall an outdated map invalidate this intent of this chapter.
(D) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section of this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation.
(E) Exceptions. A designated offender residing within a prohibited area as described in division (A) of this section does not commit a violation of this section if any of the following applies:
(1) The person 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 July 10, 2006.
(2) The person was a minor when he/she committed the offense and was not convicted as an adult.
(3) The person is a minor.
(4) The school or daycare within 1,000 feet of the person’s permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S.§§ 243.166 or 243.167.
(5) The residence is also the primary residence of the person’s parents, grandparents, siblings, spouse, or children.
(6) The residence is a property owned or leased by the Minnesota department of corrections.
(Ord. 2017-274, passed 2-23-2017)
