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2022-02-01 P & Z Packet
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2022-02-01 P & Z Packet
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(D) Nothing herein contained shall prohibit the use of firearms by duly authorized police officers or law <br />enforcement officers, or by persons engaged in the lawful defense of person or property. <br />Ord. #5, adopted 10/10/1973 <br />§130.04 SEX OFFENDER RESIDENCY RESTRICTIONS. <br />(A)Findings and Intent. <br />(1)Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who <br />prey on children are sexual predators who present an extreme threat to the public safety. Sexual <br />offenders are extremely likely to use physical violence and to repeat their offenses, and most <br />sexual offenders commit many offenses, have many more victims than are ever reported, and are <br />prosecuted for only a fraction of their crimes. This makes the cost of sexual offender <br />victimization to society at large, while incalculable, clearly exorbitant. <br />(2)It is the intent of this article to serve the CityÓs compelling interest to promote, protect, and <br />improve the health, safety and welfare of the citizens of the City by creating areas around <br />locations where children regularly congregate in concentrated numbers wherein certain sexual <br />offenders and sexual predators are prohibited from establishing temporary or permanent <br />residence. <br />(B) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings <br />ascribed to them in this section, except where the context clearly indicates a different meaning: <br />DESIGNATED OFFENDER means any person who has been convicted of a designated sexual offense, <br />regardless of whether adjudication has been withheld, or has been categorized as a Level III sex offender <br />under Minnesota Statute § 244.052 or successor statute. <br />DESIGNATED SEXUAL OFFENSE means a conviction, adjudication of delinquency, commitment <br />under Minnesota Statute §§ 253B, or admission of guilty under oath without adjudication involving any <br />of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365, 617.23; 617.247; <br />617.293; successor statutes; or a similar offense from another state. <br />PERMANENT RESIDENCE means a place where the person abides, lodges, or resides for fourteen <br />(14)or more consecutive days. <br />TEMPORARY RESIDENCE means a place where the person abides, lodges, or resides for a period of <br />fourteen (14) or more days in the aggregate during any calendar year and which is not the personÓs <br />permanent address, or a place where the person routinely abides, lodges, or resides for a period of four <br />or more consecutive or nonconsecutive days in any month and which is not the personÓs permanent <br />residence. <br />(C) Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. <br />249|Page <br /> <br />
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