HomeMy WebLinkAbout2016-02 03-28 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a Public Hearing will be held on the 28th day of March 2016 at 7
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance limiting the residency location of certain predatory offenders.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. 2016-02
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF
ORDINANCES RELATING TO LIMITING THE RESIDENCY LOCATION
OF CERTAIN PREDATORY OFFENDERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Finding and intent.
1.01 Repeat predatory offenders present a threat to the public safety of the community
as a whole, especially children. Predatory offenders assigned a risk level III
under the risk assessment scale established by the Minnesota Commissioner of
Corrections are more likely than other classifications of offenders to use physical
violence, to repeat their offenses, to have committed multiple offenses, to have
more victims than are ever reported, and, as a result, to be prosecuted for only a
fraction of their crimes. The cost of predatory offender victimization to society at
large, while not precisely calculable, is steep.
1.02 The City has a compelling interest in promoting, protecting and improving the
health, safety, and general welfare of its citizens. By this ordinance, the City
prohibits certain predatory offenders from establishing temporary or permanent
residence in certain locations where children are known to regularly congregate in
concentrated numbers.
1.03 The City has received a disproportionate number of Level III predatory offenders
as compared with other cities within Hennepin County and the City Council is
compelled to act to establish restrictions on where such offenders may reside in
order to protect children within the community.
Section 2. Brooklyn Center City Code, Section 12-201 is amended by adding the
following definitions:
3a. Child - any person under the age of eighteen (18).
ORDINANCE NO. 2016-02
3b. Child care facility - a facility licensed by the Minnesota Department of Human
Services to provide child care for six or more children at one time. This term also
includes, but is not limited to, facilities having programs for children known as
nursery schools, day nurseries, child care centers, play groups, day care centers,
cooperative day care centers and Head Start programs.
4a1. Designated predatory offender - any person who has been categorized as a Level
III predatory offender under Minnesota Statutes, Section 244.052, a successor
statute, or a similar statute from another state in which that person’s risk
assessment indicates a high risk of re-offense.
18a. Permanent residence - a place where a person abides, lodges, or resides for 14 or
more consecutive days.
23a. Public playground – an area designated primarily for children’s play including a
school building playground, a child care building playground, a play area of a
public park, or an area that contains permanent play equipment.
31a. School - any public or nonpublic elementary school, middle school, or secondary
school as those terms are defined in Minnesota Statutes, Section 120A.05.
35a. Temporary residence - a place where a person abides, lodges, or resides for a
period of 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 or more consecutive or non-consecutive
days in any month and which is not the person’s permanent residence.
Section 3. Brooklyn Center City Code, Chapter 12 is amended to add new Sections 12-
1600 to 12-1603 as follows:
Section 12-1600. LIMITATIONS ON PREDATORY OFFENDERS. It is unlawful for
any designated predatory offender to establish a permanent or temporary residence within any of
the following locations:
1. Within 2,000 feet of any school, child care facility, or public playground; or
2. Within 2,000 feet of the permanent residence of another designated predatory
offender, unless the designated predatory offenders are residing within a licensed
treatment facility.
Section 12-1601. MEASUREMENT OF DISTANCE. For purposes of determining the
minimum distance separation required by Section 12-1600, the requirement shall be measured by
following a straight line from the outer property line of the permanent or temporary residence of
the designated predatory offender to the nearest outer property line of the protected school, child
care facility, or public playground.