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Home My WebLink AboutOrd. 464 - Title 4CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 464 AN ORDINANCE ADOPTING CITY CODE TITLE 4 PUBLIC HEALTH AND SAFETY, CHAPTER 5 PREDATORY OFFENDER RESIDENCY RESTRICTIONS 1111rr11xI PUBLIC HEALTH AND SAFETY CHAPTER5 PREDATORY OFFENDER RESIDENCY RESTRICTIONS SECTION: 5 -1 -1: Findings and Purpose 5 -1 -2: Definitions 5 -1 -3: Prohibitions; Measurement of Distance; Penalties; Exceptions 5 -1 -4: Official map of prohibited locations 5 -1 -5: Restrictions Relating to Rental Property; Penalties 5 -1 -1: Findings and Purpose. Repeat predatory offenders present an extreme threat to the public safety of a community as a whole, and especially to children. Predatory offenders are likely to use physical violence 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. This makes the cost of predatory offender victimization to society at large, while incalculable, unmistakably steep. 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 citizens of the City of Andover by creating areas around locations where children regularly congregate in concentrated numbers and where certain predatory offenders are prohibited from establishing temporary or permanent residence. 5 -1 -2: Definitions. For the purpose of this Chapter, the following definitions will apply unless the context or intent clearly requires a different meaning: DAY CARE: Any facility, public or private, licensed by the State of Minnesota or Anoka County, in which care, training, supervision, habilitation or developmental guidance for children is provided on a regular basis and for periods less than 24 hours per day. CHILD OR CHILDREN: Any person or persons under 18 years of age, or individuals under age 21 who are in foster care. FACILITIES FOR CHILDREN: All public parks, parkways, park facilities, parkland, public or private schools, designated public school bus stops, libraries, group homes, foster homes, day care and child care facilities, public recreation centers, non - profit or commercial recreation centers, public or private playgrounds, public or commercial swimming pools, public beaches, youth centers, athletic fields used by children, crisis centers or shelters, care facilities for children's skate park or rink, movie theaters, bowling alleys, facilities for children's clubs, e.g. scouting, public recreational areas and trails including conservation areas, jogging trails, hiking trails, walking trails, bicycle trails, Offices for Child Protective Services, places of assembly, and specialized schools for children, including but not limited to, tutoring, gymnastics, dance and music schools. DESIGNATED PREDATORY OFFENDER: Any person who has been categorized as a Level III predatory offender under Minnesota Statutes 244.052, a successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re- offense. LICENSED CHILD CARE FACILITY: Any facility, center, home or institution licensed by the State of Minnesota pursuant to Minn. Stat. 245A, where children are cared for pursuant to the requirements of a license issued by the Minnesota Department of Human Services. PERMANENT RESIDENCE: A place where a person abides, lodges, or resides for 14 or more consecutive days. An ownership interest by the person in such residence is not required. PLACE OF ASSEMBLY: A place of assembly, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs or a special purpose building that is designated or particularly adapted for the primary use of conducting, on a regular basis, religious services and associated accessory uses by a religious congregation. SCHOOL: Any public or non - public educational institution providing instructional services to children, which shall include any structure, land, or facility owned, leased or used for operation of the school or school activities. TEMPORARY RESIDENCE: 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 residence, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. 5 -1 -3: Prohibitions; Measurement of Distance; Penalties; Exceptions. A. Prohibited location of residence: It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 2,000 feet of any school, day care, licensed child care facility, place of assembly, or facility for children. B. Prohibition present in safety zone: It is unlawful for any designated predatory offender to be present within 100 feet of any facility for children or day care facility. C. Prohibited activity: It is unlawful for any designated predatory offender to participate in a holiday event involving children such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or proceeding 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. D. Measurement of distance: For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line form the property line of the permanent residence or temporary residence to the nearest outer property line of the school, day care, licensed child care facility, place of assembly, facility for children, or park. E. Violations: A designated predatory offender who violates this Chapter shall be deemed guilty of a misdemeanor. Each day a designated predatory offender maintains a residence in violation of this Chapter constitutes a separate violation. F. Exceptions: A designated predatory offender residing within a prohibited location, as herein described, does not commit a violation of this Chapter if any of the following apply: 1. The designated predatory offender established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes Sections 243.166 and 243.167, or a successor statute, prior to 2016 (date of adoption of this ordinance). 2. The designated predatory offender was a minor when he /she committed the offense and was not convicted as an adult. 3. The designated predatory offender is a minor. 4. The school, day care, licensed child care facility, place of assembly, facility for children or park within 2,000 feet of the designated predatory offender's residence was opened after the designated predatory offender established their permanent or temporary residence, and reported and registered the residence pursuant to Minnesota Statutes, Sections 243.166 and 243.167, or a successor statute. 5. The residence is also the primary residence of the designated predatory offender's parents, grandparents, siblings or spouse. 6. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to (date of adoption of this ordinance). 5 -1 -4: Official map of prohibited locations. The City Administrator, or designee, shall maintain an official map showing prohibited locations of residences as defined by this Chapter. The City Administrator, or designee, shall review annually, and if appropriate, update the map to reflect any changes in the prohibited locations. The map shall not be deemed conclusive or all- encompassing since some prohibited locations change from time to time including, but not limited to, other places where children are known to congregate. 5 -1 -5: Restrictions Relating to Rental Property; Penalties. A. It is unlawful for a property owner 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 or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Chapter if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location as set forth in Section 5 -1 -4 above. B. A property owner violating Section 5 -1 -5 (A) above shall be guilty of a petty misdemeanor. Each day a property owner violates Section 5 -1 -5 (A) above constitutes a separate violation. C. If a property owner discovers or is informed that a tenant is a designated predatory offender after signing a lease or otherwise agreeing to let the designated predatory offender reside on the property, the owner or property manager may evict the offender without further liability to the offender. D. Violation of Section 5 -1 -5 may be cause to suspend or revoke the property owner's rental license. 5 -1 -6: Severability. Should any section, subdivision, clause, or other provision of this chapter be held invalid by any court of competent jurisdiction, such decision shall not affect the validity of this Title as a whole, or of any part thereof, other than the part held to be invalid. Adopted by the City Council of the City of Andover on this 5th day of July, 2016. CITY OF ANDOVER uQ�ce, ATTEST:- (py Trude, Mayor Mic elle Hartner, Deputy City Clerk 165TH 0.¢[ ,rte 18157 AVE ¢ O Z O 1.9151 AVE J 6 111TH AVE ° 161STAVE CONSTANCE BLVD 0 y 2 W O � V r Z N 3 pD 4 2 � a d° a °3 3 yyti 4�0 161ST AVE 161STAVE CONSTANCE BLVD 157TH Ave t y � W � V 3 pD 4 O m 5 O j - Parks p BUNKER IAKE BLVD Parks Buffer (2,000 ft) ® Day Care Centers Buffer (2,000 ft) Schools, Churches, and Facilities for Children Buffer (2.000 ft) SCOON CREEKDR O �O J 0y 0 y yS Z 4P°y x BUNKER LAKE BLVD ANDOVER BLVD CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 464 SUMMARY AN ORDINANCE ADOPTING CITY CODE TITLE 4 PUBLIC HEALTH AND SAFETY, CHAPTER 5 PREDATORY OFFENDER RESIDENCY RESTRICTIONS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The intent of this Chapter to serve the City's compelling interest to promote, protect, and improve the health, safety, and welfare of citizens of the City of Andover by creating areas around locations where children regularly congregate in concentrated numbers and where certain predatory offenders are prohibited from establishing temporary or permanent residence in the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his /her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 5th day of July, 2016. ATTEST: CITY OF ANDOVER Miclielle Harmer, Deputy City Clerk ul e Trude, Mayor