Ord 526 Regarding Predatory OffendersCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 526
AN ORDINANCE ADDING CITY CODE SECTION 4-7
REGARDING PREDATORY OFFENDERS
The City Council of Mendota Heights, Minnesota does hereby ordain:
SECTION 1.
Mendota Heights City Code Section 4-7 relating to Predatory Offenders is hereby added as
follows:
§ 4-7-1: FINDINGS AND INTENT.
(A) Repeat predatory offenders, predatory offenders who use physical violence, and
predatory offenders who prey on children and vulnerable individuals, are predators who present a
threat to the public safety. Predatory offenders are likely to use physical violence or force and to
repeat their offenses. Most predatory offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of their crimes. Moreover, predatory
offenders often learn and evolve as they commit additional offenses, thereby making detection of
their unlawfulness more difficult for authorities. This makes the cost of predatory offender
victimization to society at large, while incalculable, clearly exorbitant.
(B) 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 predatory offenders are
prohibited from establishing a primary or secondary address.
§ 4-7-2: DEFINITIONS.
The following words, teens and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
DESIGNATED SEXUAL OFFENSE. A conviction, commitment under M.S. Ch. 253B,
or admission of guilt under oath without adjudication involving any of the following offenses:
Minn. Stat. § 609.342, subd. 1(a), (b), (g), (h); § 609.343, subd. 1(a), (b), (g), (h); § 609.344, subd.
1(a), (b), (e), (f), (g); § 609.345, subd. 1(a), (b), (e), (f), (g); § 609.352; § 617.23, subd. 2(1), subd.
3(1); § 617.246, subd. 2, successor statutes, or a similar offense from another state.
DESIGNATED OFFENDER. Any person who (1) is required to register as a predatory
offender under Minn. Stat. § 243.166, (2) is assigned at Risk Level II or Risk Level III under Minn
Stat. § 244.052, subd. 3, and (3) has been convicted of a designated sexual offense, regardless of
whether the adjudication has been withheld
PRIMARY ADDRESS. The mailing address of the person's dwelling. If the mailing
address is different from the actual location of the dwelling, primary address also includes the
physical location of the dwelling described with as much specificity as possible.
SECONDARY ADDRESS. The mailing address of any place where the person regularly
or occasionally stays overnight when not staying at the person's primary address. If the mailing
address is different from the actual location of the place, secondary address also includes the
physical location of the place described with as much specificity as possible. However, the location
of a supervised publicly or privately -operated shelter or facility designated to provide temporary
living accommodations for homeless individuals as defined in M.S. § 116L.361, subd. 5, does not
constitute a secondary address.
§ 4-7-3: RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS.
(A) Prohibited location of residence. It is unlawful for any designated offender to
establish a primary address or secondary address within 1,200 feet of any of the following places:
(1) Public or private school; or
(2) Licensed child care facilities.
(3) Any current Designated Offender residing in the city.
(4) City parks
(B) Prohibited activity. It is unlawful for any designated offender to participate in a
holiday event involving children under 18 years of age, such as distributing candy or wearing any
costume for the purpose of enticing or attracting children. 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 division.
(C) Measurement of distance.
(1) 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 primary address or secondary address to the nearest
outer property line of the places identified in division (A).
(2) 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.
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(D) Penalties. Any person violating any provision of this chapter shall be guilty of a
misdemeanor or administrative citation and shall be punished as provided in this code. Each day a
person maintains a residence in violation of this chapter constitutes a separate violation.
(E) Exceptions. A designated offender residing within a prohibited area as described in
division (A) of this section does not commit a violation of this section if any of the following
applies:
(1) The person established the primary address or secondary address and
reported and registered the residence pursuant to M.S. §§ 243.166, 243.167,
or successor statute, prior to June 5, 2018.
(2) The person was a minor when he/she committed the offense and was not
convicted as an adult.
(3) The person is a minor
(4) The school or licensed child care facility within 1,200 of the person's
primary address or secondary address was opened after the person
established the primary address or secondary address and reported and
registered the residence pursuant to M.S. §§ 243.166 or 243.167.
(5)
The residence is also the primary address and secondary address of the
person's parents, grandparents, adult children, or spouse.
§ 4-7-4: RENTING REAL PROPERTY; PENALTIES.
(A) 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 primary address or secondary address by
any person prohibited from establishing such primary address or secondary address pursuant to
this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within
a prohibited location zone described in Section 4-7-3 (A) of this chapter.
(B) A property owner's failure to comply with provisions of this section shall constitute
a violation of this section.
(C) 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.
SECTION 2.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage
and publication according to law.
Ord. No. 526 page 3 of 4
Adopted and ordained into an Ordinance this 19th day of June, 2018.
ATTEST
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
CITY OF MENDOTA HEIGHTS
SUMMARY PUBLICATION OF ORDINANCE NO. 526
ADDING CITY CODE SECTION 4-7
REGARDING PREDATORY OFFENDERS
The City Council of the City of Mendota Heights, MN ordains:
The City of Mendota Heights Code of Ordinances, Title 4, Chapter 7, Predatory Offenders is
hereby added to prevents certain designated offenders from establishing a residence in the City
that is within 1,200 feet of public or private schools, licensed child care centers, city parks, or the
residences of other Level 2 or Level 3 registered sexual predators or offenders; and further
prohibits such offenders from the wearing of any costume for the purpose of enticing or attracting
children.
The ordinance will take effect July1, 2018. The complete text of this ordinance may be
obtained at the city hall or from the City's website at www.mendota-heights.com.
Adopted this 19th day of June, 2018.
CITY COUNCIL OF MENDOTA HEIGHTS
/s/ Neil Garlock, Mayor
Attest:
/s/ Lorri Smith, City Clerk
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