Ordinance - 17-02 - Amend Chapter 22 - Sexual PredatorsORDINANCE NO. 17 -02
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 22 OF THE SPRING PARK CITY CODE
BY RE -NUMBERING ARTICLE IV - CONTROLLED SUBSTANCES — TO ARTICLE V
AND BY CREATING A NEW ARTICLE IV - SEXUAL PREDATOR RESIDENCY
RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 22 of the Spring Park City Code is hereby amended by re -numbering
Article IV — Controlled Substances as Article V — Controlled Substances.
SECTION 2. Chapter 22 of the Spring Park City Code is hereby further amended by adding a
new Article IV which reads as follows:
ARTICLE V. SEXUAL PREDATOR RESIDENCY RESTRICTIONS
Sec. 22-70 - Findings and Intent.
La) 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.
Studies have shown that sexual offenders are likely to use physical violence and to repeat
their offenses. and many sexual offenders commit numerous offenses, have many more
victims than are ever reported, and are prosecuted for only a fraction of their crimes. This
makes the cost of sexual offender victimization to society at large, while incalculable, clearly
exceedingly high.
It is the intent of this Article to serve the city's compelling interest to promote, protect and
improve the health, safety and welfare of its citizens by establishing areas around locations
where children regularly congregate in concentrated numbers, wherein certain sexual
predators are prohibited from establishing temporary or permanent residence.
Sec. 22-71 - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
Day Care Center — A facility licensed by the State of Minnesota in which care, supervision
and training for individuals under the age of 18 is provided for part of a 24-hour period.
Designated Offender — Any person who has been categorized as a Level III predatory
offender under Minnesota Statutes Section 244.052, a successor statute, or a similar statute from
another state.
Park or Playground — Any land, including improvements, but excluding trails and sidewalks,
operated by the city, county, or the Three Rivers Park District for the use by the general public as
a recreational area.
Permanent Residence — A place where a person abides, lodges or resides for 14 or more
consecutive days.
School — Any public or non-public educational institution that offers educational instruction
to individuals under the age of 18.
Temporary Residence — A place, other than a person's permanent residence, where a person
abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar
year or four or more consecutive or non-consecutive days during any month.
Sec. 70-279. - Residency Prohibition; Penalties; Exception.
La) Residency Prohibition.
It is unlawful for any designated offender to establish a permanent residence or
temporary residence within 1,000 feet of any school, day care center, park or
playground.
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 of the designated offender to the nearest outer
property line of a school, day care center, park or playground.
Penalties. A person who violates this section shall be punished by a fine not exceeding
$1,000, or by confinement for a term not exceeding 90 days, or by both such fine and
confinement. Each day a person maintains a residence in violation of this Article constitutes
a separate violation.
Lcj Exceptions. A designated offender residing within a prohibited area as described in
Subsection (a) does not commit a violation of this Section if any of the following apply:
�l The designated offender established the permanent residence or temporary residence
and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or
successor statute, prior to the effective date of this Section.
The designated offender was a minor when he or she committed the offense and was
not convicted as an adult.
The designated offender is a minor.
The school, day care center, park or playground within 1,000 feet of the designated
offender's permanent residence or temporary residence was designated or opened
after the designated offender established the permanent residence or temporary
residence and reported and registered the residence pursuant to M.S. § 243.166 or §
243.167, or successor statute.
(51 The residence is also the primary residence of the designated offender's parents,
grandparents, siblings, spouse or adult children.
The residence is a property owned by the Minnesota Department of Corrections.
SECTION 3. This Ordinance is effective immediately upon adoption and publication, whether
published in full or in summary form.
ADOPTED by the Spring Park City Council on this 5th day of June, 2017.
CITY OF SPRING PARK
erome P. R6ckvam, Mayor
ATTEST:
Th esa Schyma, City 6erk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
The Laker
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of:
HENNEPIN
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 06/10/2017 and the last
insertion being on 06/10/2017.
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: 0-1 v b-L
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/10/2017 by Charlene Vold.
Notary Public
a`' . . . . . .
DARLENE MARIE MACPHERSON
r Notary Public -Minnesota
My Commission Expires Jan 31, 2019
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$15.00 per column inch
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
SUMMARY PUBLICATION
ORDINANCE NO. 17-02
AN ORDINANCE AMENDING
CHAPTER 22 OF THE
SPRING PARK CITY CODE
REGARDING SEXUAL
PREDATOR RESIDENCY
RESTRICTIONS
This summary of the ordinance
is published pursuant to Minnesota
Statue 331A.01, Subd. 10.
On June 5, 2017 the Spring Park
City Council adopted Ordinance
No. 17-02 amending Chapter 22
of the Spring Park City Code re-
garding sexual predator residency
restrictions.
This ordinance causes it to be
unlawful for any designated of-
fender to establish a permanent
residence or temporary residence
within 1,000 feet of any school, day
care center, park or playground.
Copies of the ordinance are
available for public inspection in
the City Clerk's office during normal
business hours or upon request by
calling Spring Park City Hall at 952-
471-9051.
ADOPTED by the City Council of
the City of Spring Park this 5th day
of June 2017.
/s/ Theresa Schyma, City Clerk
Published in
The Laker
June 10, 2017
698483
Ad ID 698483