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HomeMy WebLinkAboutOrdinance #656 • ORDINANCE No. 656 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO REGISTRATION OF PER- SONS CONVICTED OF CERTAIN CRIMES; ADD- ING A Nai ARTICLE TO THE HUNTINGTON BEACH CODE AND ADDING SECTIONS 4041, 4042,4043, 4044, 4045, 4o46 and 4047 • The City Council of the City of Huntington Beach, Cal- ifornia, do ordain as follows: Section 1: There is hereby added a new Article to the Huntington Beach Ordinance Code , designated as Article 404, entitled "Registrations of Persons Convicted of Certain Crimes," said Article to be placed following Article 403 in the Huntington Beach Ordinance Code . Section 2: There is hereby added to the Huntington . Beach Ordinance Code Sections 4041, 40427 4043, 4o447 -40457 4o46 and 4047, to be in words and figures as follows: Section 4041. Registration of Convicted Criminals. Every person who, within 20 years prior to the effective date of this ordinance , has been or who is hereafter convicted in, or on parole or probation from, any Federal Court, or the Courts of this State , or. any State of the United States, of or from any felony, or any misdemeanor involving narcotic or hypnotic drugs., under the Laws of the State of California, or of any State of the United States, or of the United States of America, and for such violation committed to a peniten- tiary either State or Federal, (except in the case of a misde- Ord . No. 656 meanor involving narcotic or hypnotic drugs, in which case there shall be no requirement of commitment to a penitentia- ry for this section or sections 4042, 4043, 40447 40459 4046 and 4047 to apply) who comes into the City of Huntington Beach from any point outside of such City, whether in trans- it through said City, or otherwise , and every such person • who at the time this Ordinance becomes effective is residing or is at present within said City of Huntington Beach, shall report to the Chief of Police of said City of Huntington Beach within 48 hours after his arrival within the boundaries of said City, and shall furnish to such Chief .of Police in a written statement signed by such person, the true name of such person and each other name or alias by which such per- son is or has been known, a full and complete description of himself, the name of each crime hereinabove in this Section enumerated of which he shall have been convicted, together with the name of the place where each such crime was committed, the name under which he was convicted, and the date of the conviction thereof, the name•,if any, and location of each prison, reformatory or other penal institution in which he • shall have been confine.d as punishment therefor, together with the location or address of his residence , stopping place or living quarters in said City, and each one thereof, if any, or the address or location of his intended residence , stopping place , or living quarters therein, and each one thereof with a description of the character of such place , • 2. Ord. No 656 whether a hotel, apartment house , dwelling house , or other- wise , giving the street number thereof, if any, or such de- scription of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he expects or intends to re- side within the territorial boundaries of said City. • At the time of furnishing such information, said per- son shall be photographed and finger-printed by said Chief of Police , and said photograph and fingerprints, shall be made a part of the permanent record herein provided for. Section 4042. Written Statement. Every person resid- ing within the City of Huntington Beach at the time this Ordinance becomes effective , who has been convicted within • such twenty year period, in any such court, of, or is on parole or probation from any crime in Section 4041 hereof enumerated, shall within 48 hours from and after the ef- fective date hereof furnish to said Chief of Police , in a written statement signed by such person; all of the informa- tion required to be furnished under the provisions of said Section 4041 hereof, together with the photographs and fin- ger-prints hereinbefore provided for. Section 4043. Residence Change . In the event that any person specified in Section 4041 or Section 4042 hereof shall change any such place of residence , stopping place , or living quarters to any new or different place or places • 3. Ord. No. 656 within said City of Huntington Beach other than any place last shown in such report to said Chief of Police ,, he shall within 24 hours after the making of such change , notify the said Chief of Police in a written and signed statement , of.. such change of address and shall furnish in such written statement to said Chief of Police , his new address and each, one thereof. It shall be unlawful for any person required by any pro- vision of this Article to furnish any such report, to furnish in such report any false or fictitious address, or any address other than a true address or intended address, or to furnish in making any such report any false , untrue , or misleading information or statement relating to any information required by any provision of this Article to be made or furnished. Section 4044. Records. Said Chief of Police shall .. cause , to be made a permanent record of all information, photo- graphs and finger-prints required by the provisions of this Article to be furnished to, or by him, and to forthwith fur- nish a copy of said records, photographs and finger-prints to the District Attorney of Orange County; said records, photographs and finger-prints shall at all reasonable times be open to the inspection- of any peace officer having juris- diction within the territorial boundaries of said County, including the municipal corporations therein. Section 404�._ Failure to Comply, Unlawful, It shall be Ord. No. 656 • unlawful for any person required by any provision of this Ar- ticle to furnish any such report or information to fail, neg- lect or refuse to make such. report or to furnish such infor- mation, photographs, or finger-prints, .or to fail, neglect or refuse to render or furnish the same within the time here- inbefore prescribed, or to fail, neglect or refuse to furnish to said Chief of Police within such time any information, photograph or finger-prints required to be furnished by any, provisions of this Article or to furnish any false , untrue , or misleading information or statement relating to any infor- mation required by any provision of this Article' to be made or furnished. Section 4046. Exemption for Pardoned Offense . Nothing in this Article shall be deemed or construed to apply to any person who has or. who shall have received a full pardon for each such crime whereof he shall have been convicted. Section 4047. Penalty. Any person violating any pro- vision of this Article shall be deemed guilty of a misdemean- or and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500.00) or by im- prisonment in the City or County Jail for a period of not to exceed six (6) months, or by both such fine and imprisonment. Each separate day, or any portion thereof, during which any violation of this Article occurs or, continues , and each failure , neglect .,or refusal to make any such report or furnish 5. Ord. No. 656 any such information, photograph or finger-prints during each or any day or portion thereof, from and after the expir- ation of the time specified in this Article within which such report must be made , or such information, photograph or finger-prints furnished, shall be deemed to constitute a sep- arate violation hereof, and a separate offense hereunder, and upon conviction therefor each such violation shall be punish- able as herein provided. Section 3: That the City Clerk shall certify to the passage and adoption of this ordinance and . shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper published, printed and circu- lated- in the City of Huntington Beach, Orange County, Calif- ornia, and thirty (30) days after the adoption thereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 5th day of February 1957. VICTOR Mayor ATTEST: City Clerk putt' Ord. No. 656 • STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the . City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do here- - by certify that the whole number of members of the City Council of the City of Huntington Beach is five ; that the foregoing ordinance was first read to said City Council at a •regular meeting thereof held on the 21st day of January 1957, and was again read to said City Council at a regular meeting thereof held on the 5th day of February , 1957� and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows: AYES: Councilmen: Bryant, Bartlett, Lockett, Irby, Terry, NOES: Councilmen: None, ABSENT: Councilmen: None, C' Clerk and e -officio Clerk - he he City Council of the City o Huntington Beach, California