HomeMy WebLinkAboutOrdinance #3926 ORDINANCE NO. 3926
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 9.22 TITLED
SEX OFFENDER PROHIBITION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter
9.22, said chapter to read as follows:
Chapter 9.22
SEX OFFENDER PROHIBITION
Sections
9.22.010 Purpose
9.22.020 Definitions
9.22.030 Sex Offender Prohibition
9.22.010 Purpose. The purpose of this chapter is to address the following City Council findings
and determinations:
(a) On November 7, 2006, the voters of the State of California overwhelmingly
approved Proposition 83, the Sexual Predator Punishment and Control Act, commonly known as
"Jessica's Law," to protect Californians, and in particular, to protect the State's children from sex
offenders.
(b) Proposition 83, as codified at subsection (b) of California Penal Code section 3003.5,
prohibits any person who is required to register as a sex offender per California Penal Code section
290 et seq. (a "sex offender") from residing within two thousand feet (2,000') of any public or
private school, or any park where children regularly gather.
(c) The City of Huntington Beach is an attractive place for families and children because
of the City's largely residential character.
(d) There are many places in the City where children frequently gather such as
commercial establishments focused upon providing goods or services to children, parks, libraries,
youth activity centers and other locations that host classes and/or group activities for children.
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Ordinance No. 3926
(e) Article XI, Section 7 of the California Constitution authorizes the City to enact and
enforce ordinances that regulate conditions that may be public nuisances or health hazards, or that
promote social, economic or aesthetic considerations.
(f) California Government Code section 38773.5 authorizes cities to pass ordinances
that provide for the recovery of attorneys' fees in any action, administrative proceeding or special
proceeding to abate a nuisance.
(g) Sex offenders have high recidivism rates that exceed those exhibited by other
convicted criminals. The City must therefore take all necessary action to protect children and
potential victims from these dangerous predators.
(h) The City is concerned about the high rate of recidivism among sex offenders and
their dangerousness as a class. The City Council takes legislative notice of the November 2003
report issued by the U.S. Department of Justice, Bureau of Justice Statistics entitled, "Recidivism of
Sex Offenders Released From Prison in 1994," published in 2003. A fifteen (15) state study of
prisoners released in 1994 showed that when compared to non-sex offenders released from state
prison, released sex offenders were four times(4x).more likely to be rearrested for a new sex crime.
A copy of this report has been available for City Council and public review at the City Clerk's
Office as a public record since the date when the agenda including this ordinance's consideration
was posted, and will remain as such.
(i) The City Council agrees with the U.S. Department of Justice statements in its brief to
the Supreme Court that convicted sexual offenders are much more likely to repeat the offense of
conviction than any other type of felon," and (ii) "clinical rehabilitative programs can enable sexual
offenders to manage their criminal sexual impulses and thereby reduce the risk of sexual recidivism,
[but a] vital component of those programs is for participants to come to terms with their sexual
misconduct."
0) The City Council finds that since sex offender recidivism rates are empirical data,
but sex offender rehabilitation depends upon an individual sex offender's personal efforts and
acceptance of responsibility, factors that cannot be predicted, the danger presented by sex offenders
is an unacceptable risk to the health, safety and welfare of the community that requires the City's
regulatory intervention.
(k) In enacting this chapter, the City does not intend to punish sex offenders for their
prior illegal conduct. Rather, the purpose of this chapter is to create a regulatory and non-punitive
scheme to protect children and the public health, safety and welfare for the City's residents and
visitors.
(1) Nothing in this chapter shall be deemed to modify or in any way limit restrictions
placed upon a sex offender by terms and conditions of parole or probation.
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Ordinance No. 3926
9.22.020 Definitions. As used in this chapter, the following terms shall have meanings as set forth
below:
"Child" or"children" shall mean any person(s)under the age of eighteen years of age.
"Park" shall be defined as referenced in Huntington Beach Municipal Code Chapter 13.48.010.
"Sex offender" shall mean any person registered under section 290, et seq., of the Penal Code.
9.22.030 Sex Offender Prohibition. A sex offender shall be prohibited from entering into or on a
park.
SECTION 2. SEVERABILITY. -If any section, subsection, subdivision, sentence, clause,
phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this chapter. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 21 s t day of November 20 11 .
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ATTEST: INITIATED AND APPROVED:
City Clerk Chief of Police
REVIE APPROVED:
APPROVED AS TO FORM:
i y ager
City Attjney
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Ord. No. 3926
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on November 7, 2011, and was again read to said City Council at a
regular meeting thereof held on November 21, 2011, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Harper, Hansen, Carchio, Dwyer
NOES: Shaw, Boardman
ABSENT: Bohr
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 1,2011.
r
In accordance with the City Charter of said City
Joan n L. Flynn,City Clerk ' y Clerk and ex-offici , lerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California