HomeMy WebLinkAboutOrdinance #4026 I 6
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ORDINANCE NO. 4026
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 9.22 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO SEX OFFENDER PROHIBITION FROM CITY PARKS
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WHEREAS, on November 21, 2011,the City Council of the City of Huntington Beach i !
adopted Ordinance No. 3926, adding Chapter 9.22 to the Municipal Code prohibiting all sex
offenders registered pursuant to Penal Code Section 290 from entering City parks; and
WHEREAS, on February 4, 2013, the City Council amended Chapter 9.22 to permit a
registered sex offender to enter a City park with written permission from the City Chief of
Police; and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California Court of
Appeal, in People v. Nguyen (2014) 222 Cal. App. 4th 1168, held that State law preempted a
City of Irvine ordinance making it a misdemeanor for registered sex offenders to enter a park
where children regularly gather without permission from law enforcement; and
WHEREAS, on April 23, 2014, the California Supreme Court declined to review People
v. Nguyen (2014) 222 Cal. App. 4th 1168; and
WHEREAS, Chapter 9.22 of the Huntington Beach Municipal Code prohibits registered
sex offenders from entering parks within the City of Huntington Beach and is now effectively
preempted by state law.
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Chapter 9.22 of Title 9 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 2. If any section, subsection, sentence, clause or phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Ordinance. The Ordinance and each and
every section, subsection, sentence, clause or phrase or word not declared invalid or
unconstitutional without regard to any such decision or preemptive legislation.
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Ordinance No. 4026
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 2nd day of June . 2014 .
Mayor
ATTEST: INITIATED 4q AND AP ROVED:
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ity Clerk Chief of Police ,-5 G- -
REVI ND APPROVED: APPROVED AS TO FORM:
c
/Cily''Manager Ciity Attorney
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Ord. No. 4026
SPATE 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 May 19, 2014, and was again read to said City Council at a
Regular meeting thereof held on June 2,2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Harper, Boardman
NOES: Sullivan, Carchio
ABSENT: Shaw
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 June 12,2014.
In accordance with the City Charter of said City
Joan L. Flynn, Ci1y Clerk City Verk and ex-officio C erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California