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ORD 09-08ORDINANCE NO.: 2009-08 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO SEXUAL OFFENDERS AND SEXUAL PREDATORS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 5 of the City Code is hereby amended to include the following provisions: SECTION 11 SEXUAL OFFENDERS AND SEXUAL PREDATORS 5-11-1 Findings and Intent 5-11-2 Definitions 5-11-3 Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions 5-11-4 Property Owners Prohibited From Renting Real Property to Certain Sexual Offenders and Sexual Predators; Penalties 5-11-5 Severability 5-11-1: 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. Current information indicates that sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are even reports, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large and specifically to the City of Otsego ("City"), while incalculable, clearly exorbitant. B. It is the intent of this section to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. 5-11-2: DEFINITIONS: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Designated Offender. Any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than eighteen (18) years of age, or has been categorized as a Level III sex offender under Minnesota Statutes 244.052 or successor or amended statute. Designated Sexual Offense. A conviction, adjudication of delinquency, commitment under Minnesota Statutes 25313, or admission of guilt under oath without adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor or amended statute, or a similar offense from another state. Permanent Residence. A place where the person abides, lodges, or resides for fourteen (14) or more consecutive days. Permanent residence does not require an ownership interest by the person in such residence. Temporary Residence. A place where the person abides, lodges, or resides for a period of fourteen (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 (4) or more consecutive or non- consecutive days in any month and which is not the person's permanent residence. 5-11-3: SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS: A. Prohibited Location of Residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within two thousand (2,000) feet of any of the following places: 1. Designated public school bus stop, 2. Licensed day care. 3. Place of worship which provides regular educational programs (i.e., Sunday School) or day care services. 4. Public park 5. Public or private school providing elementary, middle school or high school education. 2 B. Prohibited Activity. It is unlawful for any designated offender to participate in a holiday event involving children under eighteen (18) years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non -familial children are present, are exempt from this paragraph. C. Measurement of Distance. 1. 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 to nearest outer property line of a school, designated public school bus stop, day care center, park, playground, place of worship, or other place where children regularly congregate. 2. The City Clerk shall maintain an official map showing prohibited locations as defined by this Ordinance. The City Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. The map shall not be deemed conclusive or all encompassing since prohibited zones change from time to time including but not limited to designated public school bus stops or other places where children are known to congregate. D. Penalties. A person who violates this section shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by confinement for a term not exceeding ninety (90) days, or by both such fine and confinement. Each day a person maintains a residence in violation of this Ordinance constitutes a separate violation. E. Exceptions. A designated offender residing within a prohibited area as described in Section 5-11-3.A of this Section does not commit a violation of this section if any of the following apply: 1. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statute 243.166, 243,167, or successor statute, prior EFFECTIVE DATE of this ordinance. 2. The person was a minor when he/she committed the offePse and was not convicted as an adult. 3. The person is a minor. 4. The school, designated public school bus stop or day care center within two thousand (2,000) feet of the person's permanent residence was opened after the person established the permanent residence or �q temporary residence and reported and registered the residence pursuant to Minnesota Statute 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. 5-11-4: PROPERTY OWNERS PROHIBITED FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS; PENALTIES: A. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence of temporary residence pursuant to this Chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in Section 5-11-3.A of this Section. B. A property owner's failure to comply with provisions of this Section shall constitute a violation of this Section, and shall subject the property owner to the code enforcement provisions and procedures as provided for in Chapter 2, Section 5 of the City Code, but shall not be exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of Otsego to seek cumulative remedies. C. If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. 5-11-5: SEVERABILITY: Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: MAYOR STOCKAMP SECOND BY: TOM DARKENWALD 4 ALL IN FAVOR: MAYOR STOCKAMP; COUNCILTEMBERS: DARKENWALD, HEIDNER, THORSTED AND SCHARBER. THOSE OPPOSED: NONE ADOPTED by the Otsego City Council this 22nd day of June, 2009. ATTEST:��`'Iy\ amity Clerk CITY OF OTSEGO 5 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINACE SUMMARY FOR ORDINANCE NO. 2009-08; AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO SEXUAL OFFENDERS AND SEXUAL PREDATORS The City Council of the City of Otsego does hereby approve the following Ordinance Summary for purposes of publication. The Ordinance establishes the findings and intent of the Council to promote the public health, safety and welfare by establishing regulations on sexual offenders and predators. The ordinance defines the persons falling under the regulations. The Ordinance establishes restrictions on where sexual offenders may reside within the City of Otsego taking into account proximity to potential victims, particularly children and establishes certain residence setbacks from places where children would normally congregate. The ordinance also prohibits rental of properties within prohibited areas to sexual offenders or predators that fall under the restrictions set forth in the ordinance. Certain exceptions to the ordinance restrictions are established. Violation of the ordinance is punishable as a misdemeanor. ADOPTED this 22nd day of June, 2009 by the Otsego City Council. IN FAVOR: MAYOR STOCKAMP; COUNCILMEMBERS: DARKENWALD, HEIDNER, THORSTED AND SCHARBER. OPPOSED: NONE CITY OF OTSEGO Jessica Stockamp, Mayor iI No . Ali Amp, W.M. 94 Em