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.
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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
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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
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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
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W.M.
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