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Home My WebLink About9.a. Predatory Offender Residency RegulationEXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2017 AGENDA ITEM: Predatory Offender Residency Regulations AGENDA SECTION: New Business PREPARED BY: Mitchell Scott, Police Chief AGENDA NO. 9.a. ATTACHMENTS: Draft Ordinance 2017-03, Resolution Approving Summary Publication of Ordinance, and City of Rosemount Map Displaying 2000 Foot Restrictions APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to approve Ordinance 2017-03 Amending Title 7 of the City Code by Creating a New Chapter 10 as to Predatory Offender Residency Regulations 2. Motion to approve A Resolution Approving Summary Publication of Ordinance 2017-03 Relating to Predatory Offender Residency Regulations ISSUE Individuals who have been required to register as Level III predatory offenders pursuant to state law present an extreme threat to public safety, especially to children and other vulnerable populations. These offenders are extremely likely to use physical violence and to repeat their offenses. Many of these offenders also commit other crimes. The City has a compelling interest to take action to promote and protect certain areas within the City from the risks to public safety posed by Level III predatory offenders. The City’s compelling interest is furthered by the creation of a regulatory scheme which establishes areas around locations where children and vulnerable adults regularly congregate in concentrated numbers. BACKGROUND In April 2017 staff approached Council with concerns regarding Level III predatory offenders. Council directed staff to draft a city ordinance regulating Level III predatory offender residency. RECOMMENDED ACTION Staff recommends approval of the following:  Motion to approve Ordinance 2017-03 – An Ordinance Regulating Predatory Offender Residency.  Motion to Approve Resolution Approving Summary Publication of Ordinance 2017-03 Relating to Predatory Offender Residency. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2017 - 03 AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY CREATING A NEW CHAPTER 10 AS TO PREDATORY OFFENDER RESIDENCY REGULATIONS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA DOES ORDAIN as follows: Section 1. The Rosemount City Code is amended by adding a new Chapter 10 to Title 7 as follows: CHAPTER 10 PREDATORY OFFENDER RESIDENCY REGULATIONS 7-10-1 FINDINGS AND PURPOSE 7-10-2 DEFINITIONS 7-10-3 PROHIBITED ACTS 7-10-4 MEASUREMENT OF DISTANCE 7-10-5 PENALTIES 7-10-6 EXCEPTIONS 7-10-7 SEVERABILITY 7-10-1: FINDINGS AND PURPOSE: A. Individuals who have been required to register as level III predatory offenders pursuant to state law present an extreme threat to the public safety, especially to children and other vulnerable populations. These offenders are extremely likely to use physical violence and to repeat their offenses. Many of these offenders also commit other crimes. B. The City has a compelling interest to take action to promote and protect certain areas within the City from the risks to public safety posed by level III predatory offenders. The City’s compelling interest is furthered by the creation of a regulatory scheme which establishes areas around locations where children and vulnerable adults regularly congregate in concentrated numbers. The purpose of this chapter is to create such a regulatory scheme to further the City’s compelling interest in maintaining public safety by prescribing where level III predatory offenders may reside within the City. 7-10-2: DEFINITIONS: For the purposes of this chapter, the following terms have the following meanings: CHILDREN. Persons under the age of 18. Ordinance 2017-03 2 DESIGNATED PREDATORY 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 in which that person’s risk assessment indicates a high risk of re-offense. DEDICATED VULNERABLE ADULT HOUSING. A residential facility that specializes in providing housing for vulnerable adults, as defined in Minnesota Statutes, section 626.5572. LICENSED CHILDCARE FACILITY. A facility licensed by the State of Minnesota in which care, supervision and training for children is provided for part of a 24-hour period. PARK. Any land, including improvements, established for the use by the general public as a recreational area, including, but not limited to, playgrounds and athletic fields. PERMANENT RESIDENCE. A place where the person abides, lodges or resides for 14 or more consecutive days. PLACE OF WORSHIP. A place where individuals congregate to practice their religious faith including, but not limited to, churches, mosques, synagogues, and temples. SCHOOL. Any public, private or parochial educational institution that offers educational instruction to individuals under the age of 18. TEMPORARY RESIDENCE. A place where the 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 address or 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. 7-10-3: PROHIBITED ACTS: A. No designated predatory offender may establish in the City a permanent residence or temporary residence within 2,000 feet of any school, park, licensed childcare facility, place of worship that provides regular educational programs for children (i.e. Sunday school), or dedicated vulnerable adult housing. B. No person shall let or rent any place, structure, or part thereof, trailer or other dwelling in the City, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other dwelling, is located within a prohibited zone described in section 7-10-3(A). 1. 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 offender reside on a property within the prohibited zone, the owner or property manager shall take measures to terminate the lease or to evict the offender. Ordinance 2017-03 3 2. A property owner’s failure to comply with provisions of this section shall constitute a violation and shall subject the property owner to the enforcement provisions and procedures as provided in this chapter and the City Code. 7-10-4: MEASUREMENT OF DISTANCE: 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 the nearest outer property line of the applicable prohibited location. The City Administrator, or designee, shall maintain an official map showing prohibited locations as defined by this chapter. 7-10-5: PENALTIES: A person who violates this chapter is guilty of a misdemeanor and may be punished by a fine of not more than $1,000, by incarceration of not more than 90 days, or both. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. Additionally, the City may seek a court order to enjoin any person in violation of this chapter from taking any prohibited action hereunder. 7-10-6: EXCEPTIONS: A. A designated predatory offender residing within a prohibited zone as described in section 7-10- 3(A) does not commit a violation of this chapter if any of the following apply: 1. The designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166, 243.167, or a successor statute, prior to the effective date of this chapter. 2. The school, park, licensed childcare facility, place of worship, or dedicated vulnerable adult housing within 2,000 feet of the person’s residence was designated or opened after the designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 or 243.167, or a successor statute. 3. The designated predatory offender is a minor. 4. The designated predatory offender was a minor when he or she committed all offenses leading to his or her status as a designated predatory offender. 5. The residence is also the primary residence of the designated predatory offender’s parents, grandparents, siblings, or spouse. 7-10-7: SEVERABILITY: If any portion of this chapter, or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable, and shall be given effect to the maximum extent possible. Ordinance 2017-03 4 Section 2. This Ordinance shall be in effect following its passage and publication. ADOPTED this 16th day of May 2017, by the City Council of the City of Rosemount. CITY OF ROSEMOUNT _____________________________ William H. Droste, Mayor ATTEST: _____________________________ Clarissa Hadler, City Clerk CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. 2017 - _____ RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2017 – 03 RELATING TO PREDATORY OFFENDER RESIDENCY REGULATIONS WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, Minnesota Statutes §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount that the following summary is hereby approved for official publication in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. 2017 - 03 AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY CREATING A NEW CHAPTER 10 AS TO PREDATORY OFFENDER RESIDENCY REGULATIONS On May 16th, 2017, the Rosemount City Council adopted an ordinance designated as Ordinance No. 2017 - 03, the title of which is stated above. The purpose of the ordinance is to add a new Title 7, Chapter 10 of the Rosemount City Code entitled “Predatory Offender Residency Regulations”. The ordinance regulates the locations of residency of certain designated predatory offenders within the City. With limited exceptions, it prohibits level III predatory offenders from establishing permanent or temporary residence within 2000 feet of any school, park, licensed childcare facility, place of worship that provides regular educational programs for children (i.e. Sunday school), or dedicated vulnerable adult housing. The ordinance would not apply to predatory offenders who have legally established residence in the community as of the date of the publication of the ordinance. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 651-322-2003. /s/ Clarissa Hadler, City Clerk RESOLUTION NO. 2017 - ____ BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Rosemount, Minnesota, this 16th day of May, 2017. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk 4 4 4 4 4 4 4 î î î î î î î î î ù ù ù ù ù ù ù ù ù ù 8 8 8 8 8 8 8 8 88 8 8 ù Day Care 4 School Day Care Grounds Buffer School Grounds Buffer î Church Park Church Grounds Buffer Park Grounds Buffer 8 Group Home Group Home Buffer 2000' Offender Buffer 4/24/2017 1 in = 1 mi MXD: T:\GIS\Project\Police\OffenderBuffers\OffenderBuffers11x17.mxd PDF: T:\GIS\Maps\Police\OffenderBuffers\OffenderBuffers2000_11x17.pdf