Ordinance 538CITY OF SHOREWOOD
ORDINANCE NO. 538
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE
RESTRICTING THE RESIDENCY OF CONVICTED SEX OFFENDERS IN THE
CITY OF SHOREWOOD
Section 1. Title 500 (PUBLIC HEALTH) of the Shorewood City Code is hereby
amended to add:
"CHAPTER 506
SEXUAL OFFENDERS AND SEXUAL PREDATORS
506.01 Findings and Intent
506.02 Definitions
506.03 Residence Prohibition; Penalties; Exceptions
506.04 Renting Real Property; Penalties
506.05 Severability
506.01 FINDINGS AND INTENT.
Subd. 1 Findings. 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. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses, and
most sexual 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 sexual offender victimization to society at large,
while incalculable, clearly exorbitant.
Subd. 2. Intent. 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 sexual offenders and sexual predators
are prohibited from establishing temporary or permanent residence.
506.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DESIGNATED OFFENDER. Any person who has been convicted of a designated
sexual offense, regardless of whether adjudication has been withheld, in which the
victim of the offense was less than sixteen (16) years of age, or has been
categorized as a level III sex offender under Minnesota statutes section 244.052 or
successor statute.
DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency,
commitment under Minnesota statutes chapter 25313, or admission of guilt under
oath without adjudication involving any of the following offenses:
Minnesota statutes sections: 609.342; 609.343; 609.344; 609.345; 609.352;
609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense
from another state.
PERMANENT RESIDENCE. A place where the person abides, lodges, or resides
for fourteen (14) or more consecutive days.
TEMPORARYRESIDENCE. A place where the person abides, lodges, or resides
for a period of fourteen (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 (4) or more consecutive or
nonconsecutive days in any month and which is not the person's permanent
residence.
506.03 RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS.
Subd. 1. Prohibited Location Of Residence: It is unlawful for any designated
offender to establish a permanent residence or temporary residence: 1)
within one thousand feet (1,0001) of any school, licensed daycare center,
park, playground, or public school bus stop; or 2) within one thousand feet
(1,000') of any place of worship which provides regular educational
programs (i.e., Sunday school), or other places where children are known to
congregate.
Subd: 2. Prohibited Activity: It is unlawful for any designated offender to participate
in a holiday event involving children under eighteen (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 subdivision.
Subd. 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 permanent residence or temporary residence
to the nearest outer property line of a school, daycare center, park,
playground, place of worship, or other place where children regularly
congregate.
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.
Subd. 4. Penalties: Any person violating any provision of this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Section 104.01 of this code. Each day a person maintains a
residence in violation of this chapter constitutes a separate violation.
Subd. 5 Exceptions: A designated offender residing within a prohibited area as
described in subsection A of this section does not commit a violation of this
chapter if any of the following applies:
a. The person established the permanent residence or temporary
residence and reported and registered the residence pursuant to
Minnesota statutes sections 243.166, 243.167, or successor statute,
prior to July 10, 2006.
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 daycare center within one thousand feet (1,000') of the
person's permanent residence was opened after the person established
the permanent residence or temporary residence and reported and
registered the residence pursuant to Minnesota statutes section 243.166
or 243.167.
e. The residence is also the primary residence of the person's parents,
grandparents, siblings, spouse, or children.
f. The residence is a property owned or leased by the Minnesota
department of corrections.
506.04 RENTING REAL PROPERTY; PENALTIES.
Subd. 1. Unlawful to Rent. 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 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
conveyance, is located within a prohibited location zone described in
Sections 506.03 Subd. 1. of this chapter.
Subd. 2. Failure to Comply. A property owner's failure to comply with provisions of
this section shall constitute a violation of this section.
Subd. 3. Eviction. 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."
506.05 SEVERABILITY.
Should any section, subdivision, clause or other provision of this chapter be held to be
invalid by any court of competent jurisdiction, such decision shall not affect the validity
of this chapter as a whole, or of any part thereof, other than the part held to be invalid.
Section 2. This Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd
day of January, 2017.
ATTEST:
Jean Panchyshyn, City Clerk
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