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HomeMy WebLinkAbout1636ORDINANCE NO. 1636 ORDINANCE ESTABLISHING REGULATUONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY WHEREAS, predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses. The cost of predatory offender victimization to society at large, while not precisely calculable, is significant; and WHEREAS, the City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the Council has previously enacted a temporary ordinance limiting the residency location of predatory offenders in order to study and consider a permanent ordinance limiting the residency location of predatory offenders within the City; and WHEREAS, the City has evaluated the need to limit /prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety and general welfare of the City's citizens. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level 111 predatory offender under Minnesota Statutes, Sec. 244.052, any successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re- offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days, 1.04 "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 for a period of four or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or non - public elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or the State of Minnesota. 1.07 "Public playground" means a publicly- owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Regulations on Predatory Offenders 2.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, public playground, or any other place where children are commonly known to regularly congregate. 2.02 For purposes 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 designated predatory offender to the nearest outer property line of the protected property. 2.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Ordinance if any of the following apply: A. The person established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance; B. The school, licensed child care center, or public playground within 2,000 feet of the person's permanent or temporary residence was opened after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167, or any successor statute; C. The residence is also, as of the effective date of this ordinance, the primary residence of the person's parents, grandparents, siblings, or spouse; or D. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this ordinance. Section 3. Enforcement 3.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction, or through any administrative penalties program of the City Code. Section 4. Effective Date 4.01 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 14, 2016 Offered by: Murzyn, Jr. Seconded by: Williams Roll Call: All Ayes Second Reading: November 28, 2016 Offered by: Nawrocki Seconded by: Williams Roll Call: All Ayes I A r Mayor Gary L. Peterson Attest: { atie Bruno City Clerk/Council Secretary