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<br /> <br />MEMORANDUM <br /> <br />TO: Mark Casey <br />City of St. Anthony <br />FROM: Phil Steger <br />DATE: January 11, 2017 <br />RE: Predatory Offender Ordinances <br /> <br /> <br />I. Background. <br />In 2006, some local governments in Minnesota began to adopt ordinances <br />restricting where individuals classified as predatory offenders under Minn. Stat. <br />§ 244.052 may reside. The first such ordinance was enacted by the City of Taylors <br />Falls. Since then, approximately 33 municipalities and counties have enacted predatory <br />offender ordinances, many of which appear to be based on the Taylors Falls ordinance. <br /> <br />II. Typical Provisions. <br />Findings and Intent. <br />Many ordinances contain a findings section identifying predatory offenders as “an <br />extreme threat to public safety,” who are “likely to use physical violence and to repeat <br />their offenses,” and most of whom “commit many offenses.” Such ordinances also <br />typically contain an intent statement declaring that it is the purpose of the ordinance to <br />protect public safety. <br /> <br /> Prohibited Location of Residence. <br />The ordinances seek to achieve their intent by prohibiting certain predatory <br />offenders from temporarily or permanently residing within certain distances of locations <br />where children are known to congregate regularly. The distances specified vary <br />between 1,000 ft. and 2,000 ft. The ordinances also tend to vary in terms of how <br />specific and extensive they are in detailing the locations. Most ordinances specify <br />schools, licensed daycare facilities, and public playgrounds. Others add public school <br />bus stops, and places of worship providing regular educations programs, such as <br />Sunday schools. Some even include places where someone is “wearing a Santa Claus <br />costume on or preceding Christmas” in the list of prohibited locations. Most contain the <br />catchall: “any place where children are commonly known to regularly congregate.” <br /> <br />Exceptions. <br />The ordinances also generally contain certain exceptions, such as for classified <br />predatory offenders who are already residing within the prohibited areas at the time of <br />the first publication of the proposed ordinance.