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HomeMy WebLinkAbout1719ORDINANCE NO. 1719 AMENDING ORDINANCE 1636 ESTABLISHING REGULATIONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY Predatory offenders present a significant threat to the public safety of the community as a whole. 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. 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. The Council has previously enacted an ordinance limiting the residency location of predatory offenders. The City has continued to evaluate 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. 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 III 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 1500 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: August 25, 2025 Offered by: Deneen Seconded by: Buesgens Roll Call: All Ayes, Spriggs Absent Second Reading: September 8, 2025 Offered by: Buesgens Seconded by: James Roll Call: All Ayes Attest: a Ion, City Clerk/Council Secretary SUMMARY OF ORDINANCE NO. 1719 BEING AN ORDINANCE AMENDING ORDINANCE 1636 ESTABLISHING REGULATIONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1719 on September 8, 2025. The purpose of this ordinance is to amend regulations for the residency location of predatory offenders within the city. This is a summary of Ordinance No. 1719. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov. Attest: Sara Ion, City Clerk/Council Secretary AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF ANOKA I do solemly swear that the notice, as per the proof, was published in the edition of the BSLP Col Hght Frid Life with the known office of issue being located in the county of: ANOKA with additional circulation in the counties of. RAMSEY and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/12/2025 and the last insertion being on 09/12/2025. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 09/12/2025 Notary Public . Uarien8 Marie MacPherson ` +`F Notary Public 5 Minnesota sty Commission E:gsires Jan. 31, 2029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF COLUMBIA HEIGHTS SUMMARY OF ORDINANCE NO.1719 BEING AN ORDINANCE AMENDING ORDINANCE 1636 ESTABLISHING REGULATIONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY The City Council for the City of Columbia Heights, Minnesota ad- opted Ordinance No. 1719 on Sep- tember B, 2025. The purpose of this ordinance is to amend regulations for the resi- dency location of predatory offend- ers within the city. This is a summary of Ordinance No. 1719. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by stan- dard or electronic mail, or at www. columbiaheightsmn.00v. Amada MArquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary Published in The Life September 12, 2025 1491022 Ad ID 1491022