Council Memo*10C
• MEETING TYPE
® City of Shorewood Council Meeting Item ReguJarMeeting
Title / Subject: Code Amendment— Sexual Offenders and Sexual Predators
Meeting Date: 9 January 2017
Prepared by: Brad Nielsen/Tim Keane
Reviewed by: Patti Helgesen
Attachments: Draft City Code Amendment
Policy Consideration: Should the City adopt a City Code Amendment restricting the residency location
of Level III Sexual Offenders?
Background: Based on a recent court decision that provides for the release of Level III sexual offenders
many cities in Minnesota have adopted ordinances restricting where such offenders may reside. While a
more recent ruling in appeals court upheld the constitutionality of keeping these offenders in halfway
houses upon release from prison, the possibility remains that released offenders could end up living in
residential neighborhoods. The concern with this is that the offenders may locate near schools, parks
and other places where young children congregate. At the suggestion of the South Lake Minnetonka
Police Chief, staff has prepared an amendment to Shorewood's Code that would provide some distance
(1000 feet) from places where children might congregate and places where the offenders may reside.
• The attached draft ordinance is the one being used by over 30 Minnesota communities. The most
significant difference among the various cities is the spacing distances which range from 500 feet to
2000 feet. Staff will present a map at the meeting on Monday night, illustrating the effect of the spacing
requirements relative to Shorewood's residential neighborhoods.
Financial or Budget Considerations: It is anticipated the enforcement of the proposed ordinance would
be done by the South Lake Public Safety Department using existing resources.
Options: Adopt the draft ordinance as written; adopt the ordinance incorporating a different spacing
requirement; or do not adopt an ordinance.
Recommendation / Action Requested: The Police Chief recommends that the South Lake cities adopt
similar ordinances to address the sexual offender residency restrictions. Thus far, Greenwood is the
only one to adopt an ordinance. They have opted for the 1000-foot spacing requirement, which is what
is included in our proposed draft. Staff also recommends that a summary of the ordinance be published
in the official newspaper.
Next Steps and Timelines: If adopted, the proposed ordinance would go into effect upon publication in
the official newspaper.
Connection to Vision / Mission: Healthy environment.
• Missran Statement. The City of Shorewood is committed to providing residents quality public services, a
healthy environment a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient and visionary leadership. Page 1
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING THE SHOREWOOD
RESTRICTING THE RESIDENCY OF CONVICTED SEX C
CITY OF SHOREWOOD
Section 1. Title 500 (PUBLIC HEALTH) of the Shorewood
amended to add:
"CHAPTER 506
SEXUAL OFFENDERS AND SEXUAL PREDA
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 wb
violence, and sexual offenders who prey on children are
who present an extreme threat to the public safety. Sexi
extremely likely to use physical violence and to repeat ti
most sexual offenders commit many offenses, have man
are ever reported, and are prosecuted for only a fraction
This makes the cost of sexual offender victimization to
while incalculable, clearly exorbitant.
Subd. 2. Intent. It is the intent of this chapter to serve the City's
to promote, protect and improve the health, safety and
citizens of the city by creating areas around locations H
regularly congregate wherein certain sexual offenders 2
are prohibited from establishing temporary or permanei
506.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall
clearly indicates or requires a different meaning.
CODE
DERS IN THE
Code is hereby
use physical
:xualpredators
l offenders are
it offenses, and
more victims than
'their crimes.
ciety at large,
npellmg mterest
fare of the
-e children
sexual predators
unless the context
E
40
• 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 persods 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 (1,000') 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:
0
a. For purposes of determining the minimum distance
requirement shall be measured by following a strait
outer property line of the permanent residence or tc
to the nearest outer property line of a school, dayca
playground, place of worship, or other place where
congregate.
paration, the
line from the
lorary residence
;enter, park,
ildren regularly
b. The City Clerk shall maintain an official map show'
g prohibited
locations as defined by this chapter. The Clerk shall
apdate the map at
least annually to reflect any changes in the location
prohibited
zones.
Subd. 4. Penalties: Any person violating any provision of this cha
ter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be
'shed as
provided in Section 104.01 of this code. Each day a pers
maintains a
residence in violation of this chapter constitutes a separat
violation.
Subd. 5 Exceptions: A designated offender residing within a prol
bited 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
mporary
residence and reported and registered the residence
ursuant to
Minnesota statutes sections 243.166, 243.167, or st
zessor statute,
prior to July 10, 2006.
b. The person was a minor when he/she committed th4
offense and was
not convicted as an adult.
C. The person is a minor.
d. The school or daycare center within one thousand et (1,000') of the
person's permanent residence was opened after the erson established
the permanent residence or temporary residence an I reported and
registered the residence pursuant to Minnesota stat tes section 243.166
or 243.167.
e. The residence is also the primary residence of the erson's parents,
grandparents, siblings, spouse, or children.
f. The residence is a property owned or leased by th 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
ith
thereof, trailer or other conveyance, wthe knowledg 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
day of 2017.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk