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Home My WebLink About2016-341 Chapter 85 Regulating Predatory Offender Residency and ConductCity of Corcoran December 8, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-341 Motion By: Thomas Seconded By: Keefe AN ORDINANCE REGULATING PREDATORY OFFENDER RESIDENCY AND CONDUCT THE CORCORAN CITY COUNCIL ORDAINS AS FOLLOWS: Chapter 85 is established to read as follows. CHAPTER 85: PREDATORY OFFENDER RESIDENCY AND CONDUCT 85.01: PURPOSE, FINDINGS AND INTENT. The purpose of this ordinance is to provide regulations of general applicability for property throughout the city in order to protect the health, safety, and welfare of the community and its residents. The City finds that improperly supported predatory offenders present a significant threat to the public safety of the community, especially children, females, and vulnerable populations. The cost of predatory offender victimization to society as a whole, while not precisely calculable, is substantial. This ordinance intends to: 1. Provide public safety. 2. Reduce the likelihood of recidivism for predatory offenders. 3. Provide protection and security for crime victims. 4. Maintain neighborhood stability. 5. Safely reintegrate former offenders into the law-abiding community. 6. Facilitate the support and supervision of predatory offenders in Corcoran. The intent of this ordinance is to provide residency opportunities within the city where predatory offender residency can safely be established subject to the limitations of this code. 85.02: Definitions. Predatory Offender - means any person who has been designated a Level 11 or Level III predatory offender under the provisions of Minnesota State Statute 243.052 or successor statute, or any similar statute from another state in which that person's risk assessment indicates a moderate or high risk of re-offense. Permanent Residence - means any a place where the person abides, lodges, or resides for 14 or more consecutive days. Temporary Residence - means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-341 December 8, 2016 for a period of four or more consecutive or non-consecutive days in any month which is not the person's permanent residence. Predatory Lurking - means sitting, standing, or remaining in or around an area, without legitimate business, in a manner intended to insight, or having reasonable grounds to know it will insight an immediate breach of the peace or in a manner that demonstrates an intent to commit harassment as defined by Minnesota State Statute 609.748, stalking as defined by Minnesota State Statute 609.749, interference with privacy as defined by Minnesota State Statute 609.746, or disorderly conduct as defined by Minnesota Statute 609.72. School Zone - means any property owned, leased, or controlled by a school district or an organization operating a nonpublic school, as defined in Minnesota State Statute 123B.41, subdivision 9, where an elementary, middle, secondary school, secondary vocational center or other school providing educational services in grade one through grade 12 is located, or used for educational purposes, or where extracurricular or cocurricular activities are regularly provided. Licensed Child Care Center - means a child care center currently licensed by the applicable County or the State of Minnesota. Children's Recreation Area - means a public or privately owned, improved park or other outdoor area designed, equipped, and set aside primarily for the use of the general public for children's play, including hiking, biking, swimming, equestrian activities, or athletics. Children's Programming -means formally organized activities available to the general public for the education, entertainment, or recreation of children under the age of 18 occurring at least twelve times per year. 85.03: Prohibited Conduct. 1. Prohibited residential programs. A residential program whose purpose is to treat predatory offenders who have violated criminal statutes or have been adjudicated delinquent on the basis of conduct in violation of criminal statues shall be prohibited. 2. Prohibited location of residence. It is unlawful for any predatory offender to establish permanent or temporary residence: a) within 2,000 feet of any school zone, b) within 2,000 feet of any licensed daycare center, c) within 2,000 feet of any children's recreation area, or d) within 2,000 feet of any site that hosts children's programming. For the purpose of determining the minimum distance separation required by this section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the predatory offender to the nearest outer property line of the protected property. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-341 December 8, 2016 3. Property owner responsibilities. It is unlawful for a property owner to knowingly let or rent any place, structure or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent or temporary residence in violation of 85.03 section 2. Prohibited location of residence. 4. Prohibited conduct. It is unlawful for any predatory offender to engage in predatory lurking within 250 feet of a school zone, licensed daycare center, children's recreation area, or children's programming site. 85.04: Exceptions. A person shall not be found in violation of this ordinance if any of the following apply: a) The predatory offender established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance. b) The school zone, licensed daycare center, children's recreation area, or children's programming site within 2,000 feet of the predatory offender's permanent or temporary residence was opened or started after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes 243.166 and 243.167, or any successor statute. c) The predatory offender is under the age of 18 and the residence is the primary residence of the predatory offender's parent(s) or court appointed caregiver. d) A property owner who has formally initiated the eviction process and is diligently pursuing the eviction of a predatory offender in violation of 85.03 section 2. Prohibited location of residence. 85.05: Enforcement. Any violation of Chapter 85 shall be a misdemeanor. Each day in violation of 85.03 section 2 or section 3 constitutes a separate offense. Each violation of 85.03 section 4 constitutes a separate offense. 85.06: Severabillity. If any language in this ordinance is deemed to any extent invalid, illegal, or incapable of being enforced, such language shall be excluded only to the extent of such invalidity, illegality, or unenforceability; all other language hereof shall remain in full force and effect. Effective Date. This Ordinance shall be in full force and effect upon its publication and passage. City of Corcoran County of Hennepin State of Minnesota VOTING AYE ® Guenthner, Ken ® Keefe, Mike ® LaFave, Tonya F-1 Hank, Pat ® Thomas, Ron ORDINANCE NO. 2016 -341 VOTING NAY ❑ Guenthner, Ken F-1 Keefe, M i ke ❑ LaFave, Tonya ❑ Hank, Pat ❑ Thomas, Ron December 8, 2016 Whereupon, said Ordinance is hereby declared adopted on this 8t" day of December 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Je ca Beise— City Clerk/Administrative Services Coordinator