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Home My WebLink About1167 Ord (Chapter 52, Sec. 52-19 Regarding Predatory Offenders of the City Code)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1167 AN ORDINANCE ENACTING CHAPTER 52, SECTION 52-19, OF THE STILLWATER CITY CODE REGARDING PREDATORY OFFENDERS The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Chapter 52, Sec. 52-19, regarding Predatory Offenders, is hereby enacted: Subd. 1. Findings and Intent. (1) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children and vulnerable individuals, are predators who present a threat to the public safety. Predatory offenders are likely to use physical violence or force and to repeat their offenses. Most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. Moreover, predatory offenders often learn and evolve as they commit additional offenses, thereby making detection of their unlawfulness more difficult for authorities. This makes the cost of predatory offender victimization to society at large, while incalculable, clearly exorbitant. (2) It is the intent of this chapter 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 wherein certain predatory offenders are prohibited from establishing a primary or secondary address. Subd. 2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Designated Sexual Offense. A conviction, commitment under M.S. Ch. 253B, or admission of guilt under oath without adjudication involving any of the following offenses: Minn. Stat. §609.342, subd. 1(a), (b), (g), (h); §609.343, subd. 1(a), (b), (g), (h); §609.344, subd. 1(a), (b), (e), (f), (g); §609.345, subd. 1(a), (b), (e), (f), (g); §609.352; §617.23, subd. 2(1), subd. 3(1); §617.246, subd. 2, successor statutes, or a similar offense from another state. (2) Designated Offender. Any person who (1) is required to register as a predatory offender under Minn. Stat. §243.166, (2) is assigned at Risk Level II or Risk Level III under Minn. Stat. §244.052, subd. 3, and (3) has been convicted of a designated sexual offense, regardless of whether the adjudication has been withheld. (3) Primary Address. The mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible. (4) Secondary Address. The mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person's primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. However, the location of a supervised publicly or privately -operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in Minn. Stat. §116L.361, subd. 5, does not constitute a secondary address. Subd. 3. Residence Prohibition; Penalties; Exceptions. (1) (5) Prohibited location of residence. It is unlawful for any designated offender to establish a primary address or secondary address within 1,200 of any of the following places: (a) Public or private school; or (b) Licensed child care facilities. (2) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 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 division. (3) Measurement of distance. (a) 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 primary address or secondary address to the nearest outer property line of the places identified in division (A). (b) The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. (4) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor or administrative citation and shall be punished as provided in this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. Exceptions. A designated offender residing within a prohibited area as described in division (1) of this section does not commit a violation of this section if any of the following applies: (a) The person established the primary address or secondary address and reported and registered the residence pursuant to Minn. Stat. §§243.166, 243.167, or successor statute, prior to May 18, 2021. 2 (b) The person was a minor when he/she committed the offense and was not convicted as an adult. (c) The person is a minor. (d) The school or licensed child care facility within 1,200 of the person's primary address or secondary address was opened after the person established the primary address or secondary address and reported and registered the residence pursuant to Minn. Stat. §§243.166 or 243.167. (e) The residence is also the primary address and secondary address of the person's parents, grandparents, adult children, or spouse. Subd. 4. Renting Real Property; Penalties. (1) 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 primary address or secondary address by any person prohibited from establishing such primary address or secondary address pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in §97.03(A) of this chapter. (2) A property owner's failure to comply with provisions of this section shall constitute a violation of this section. (3) 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. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. §412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance establishes restrictions regarding where certain predatory offenders may reside and specifically prohibits them from living within 1,200 feet of a school or daycare. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 18th day of May, 2021. ATTEST: Beth Wolf, City Cle CITY OF STILLWATER Te ozlowski, Mayor 3 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON 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 05/21/2021 and the last insertion being on 05/21/2021. 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. By: Designated Agent Subscribed and sworn to or affirmed before me on 05/21/2021 by Diane Erickson. 90ASLQ're- Notary Public VoWM,yinrcry,j� DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1167 AN ORDINANCE ENACTING CHAPTER 52, SECTION 52-19, OF THE STILLWATER CITY CODE REGARDING PREDATORY OFFENDERS The City Council of the City of Stillwater does ordain: This ordinance establishes restrictions regarding where certain predatory offenders may reside and specifically prohibits them from living within 1,200 feet of a school or daycare. Approved this 18th day of May, 2021. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. By: is/ Beth Wolf, City Clerk Published in the Stillwater Gazette May 21, 2021 1140288 Ad ID 1140288