Ordinance No. 207

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ORDINANCE NO. 207
 
AN ORDINANCE TO AMEND TITLE IX: GENERAL REGULATIONS;
BENSON CITY CODE OF 2003
 
The City of Benson does ordain:
Title XI is amended to add the following chapter:
 
CHAPTER 99: RESIDENCY OF CONVICTED SEX OFFENDERS
WITHIN THE CITY OF BENSON, MINNESOTA
Section
99.01  Findings
99.02  Definitions
99.03  Prohibited Locations of Residence
99.04  Measurement of Distance
99.05  Exceptions
99.06  Property Owners Prohibited from Renting to Predatory Offenders In Any Exclusion Zone
99.07  Severability
99.08  Penalty
      
§ 99.01  FINDINGS
The City Council finds that repeat predatory offenders present a threat to public safety due to the risk of physical violence or repeat offense against the citizens of Benson.
 
§ 99.02  DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
 
DESIGNATED PREDATORY OFFENDER. Any person that is required to register as a predatory sexual offender under Minnesota Statutes Section 243.166, or any successor statute, and who has been categorized as a Level III predatory offender under Minnesota Statutes Section 244.052, Subdivision 2, or any successor statute, or a similar statute from another state.
PERMANENT RESIDENCE. A place where a person abides, lodges or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE. 1.  A place where a person abides, lodges or resides for a period of 14 or more days in the aggregate during any 365 day period and which is not the person’s permanent residence or 2.  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.
SCHOOL. Any public or nonpublic preschool, elementary school or secondary school.
LICENSED CHILD CARE PROVIDER. Any child care provider, whether a child care center or home care provider, that is licensed to provide child care by the State of Minnesota and/or Swift County.
PUBLIC TRAIL.  A trail designated by a City, County, State or Federal Government for the use of the public for recreational pursuits such as hiking, walking, running or cycling.
CHILD.  Any person under the age of eighteen (18) years.
      
§ 99.03  PROHIBITED LOCATIONS OF RESIDENCE
It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 600 feet of any of the following:
(A)  Public or Private School
(B)  Licensed child care provider
(C)  Public Park
(D)  Public Playground
(E)  Recreational center
(F)  Place of worship that provides regular programs to individuals under the age of 18
(G)  Public or private gymnasium
(H)  Public and Private Libraries open to the public
(I)  Sports facilities including but not limited to baseball fields, softball fields, football fields, ice rinks, hockey rinks, soccer fields, basketball courts, sliding hills, tennis courts, volleyball courts, or any other sports facility where children are known to congregate
(J)  The permanent or temporary residence of any other designated predatory offender
 
§ 99.04  MEASUREMENT OF DISTANCE
For purposes of determining the minimum distance of separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest outer property line of the properties listed in Section 2, above.
 
§ 99.05  EXCEPTIONS
This section shall not apply under the following circumstances:
(A) The designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes Sections 2433166 and 243.1767 or a successor statute prior to February 1, 2017.
(B)  The designated predatory offender was a minor when convicted of the offense and has not been convicted of an offense as an adult.
(C)  The designated predatory offender is a minor.
(D)  The designated predatory offender has been granted a risk reduction by the End of Confinement Review Committee, pursuant to Minnesota Statutes Section 244.052, subdivision 3(i) or a successor statute.
(E)  The school, licensed child care provider, public park, recreational area or sport facility was opened after the designated predatory offender established the permanent or temporary residence and properly reported and registered the same pursuant to Minnesota Statutes Section 243.166 and 243.147 or a successor statute.
(F)  The residence is also the primary residence of the designated predatory offender’s parents, grandparents, siblings, spouse or child and this was their residence prior to February 1, 2017.
(G)  The residence is property purchased, leased or contracted with and licensed by the Minnesota Department of Corrections prior to February 1, 2017.
 
§ 99.06  PROPERTY OWNERS PROHIBITED FROM RENTING REAL PROPERTY TO DESIGNATED PREDATORY OFFENDERS IN ANY EXCLUSION ZONE
   It shall be a violation of this ordinance for any property owner to rent or lease real estate to any designated predatory offender if the property is in a prohibited zone established under Section 2, above.  If the property owner discovers or is informed that a tenant is a designated offender after a rental agreement is signed, the property owner shall commence eviction proceedings against the designated offender and take action to ensure that the designated offender is not residing in the exclusion zone.
 
§ 99.07  SEVERABILITY
   If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
 
§ 99.08  PENALTY
   Any person or entity who violates any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor and penalized as provided in § 10.99.
 /s/ Gary Landmark                        
Mayor
/s/ Glen Pederson, City Clerk
First Reading: February 6, 2017                                                                             
Second Reading: February 21, 2017                                                                          
Publication: March 1, 2017                                                        3-1-1c

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