HomeMy WebLinkAboutApprove for introduction Ordinance 4026 repealing Chapter 9. �I 7-
Dept.ID CA 14-005 Page 1 of 2
Meeting Date:5/19/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL AC ON
MEETING DATE: 5/19/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve for introduction Ordinance No. 4026 repealing Chapter 9.22 of the
Huntington Beach Municipal Code (HBMC) relating to prohibition of Sex
Offenders entering City Parks
Statement of Issue:
Consideration is requested whether to repeal Ordinance No. 3926 prohibiting registered sex
offenders from entering City parks due to a Court of Appeal decision invalidating an identical
ordinance.
Financial Impact:
N/A
Recommended Action:
Approve for introduction 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."
Alternative Action(s):
Do not approve for introduction Ordinance No. 4026.
Analysis:
On November 7, 2011 an Ordinance to create a Child Safety Zone — Sex Offender Prohibition for
City parks was introduced for a First Reading. On November 21, 2011 Ordinance No. 3926 was
adopted by the City Council on a vote of 4-2-1 to add Chapter 9.22 to the City's Municipal Code
prohibiting a convicted sex offender from entering a City park without written permission from the
Chief of Police. As defined by the Ordinance, a registered sex offender is any person required
under the State Penal Code to register with the police department in the city in which he or she
resides. At the time, the City of Huntington Beach joined many other cities in Orange County in
addition to the County itself, which had or were in the process of adopting similar ordinances.
The validity of ordinances similar to Huntington Beach's was placed at issue when the Orange
County District Attorney prosecuted individuals violating the County and City of Irvine ordinances.
In both cases, the Court of Appeal found the ordinances invalid and preempted under State law.
(People v. Nguyen (2014) 222 Cal.AppAth 1168; People v. Godinez (2014) WL 99188.)
On April 23, 2014, the Supreme Court decided not to review the Court of Appeal decisions.
Consequently, the Court of Appeal decisions are final, effectively invalidating the Huntington Beach
Ordinance as well as those of other cities. Based on the Court decision, cities have begun to
HB -;4 W- Item 17. - 1
Dept. ID CA 14-005 Page 2 of 2
Meeting Date:5/19/2014
repeal their respective ordinances. At this time, it is recommended that the City follow suit and
repeal Chapter 9.22 of the Municipal Code as codified by Ordinance No. 3926. This action will not
prevent the City from re-adopting a similar Ordinance if circumstances are changed by future Court
action.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. 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."
2. Report regarding Orange County cities that have passed ordinances restricting persons
required to register under Penal Code Section 290.
Item 17. - 2 HB -342-
ATTACH 1
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
i
WHEREAS, on November 21, 2011, the City Council of the City of Huntington Beach !
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.
1
14-4227/10933
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 2 n d day of June , 2014 .
Mayor
ATTEST: INITIATED AND ROVED:
ity Clerk Chief of Police
REVI � ND APPROVED: APPROVED AS TO FORM:
/C6',
Manager City Attilmey
2
14-4227/10933
Ord. No. 4026
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 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,CrrY 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 4
Joan L. Flynn,City Clerk City Gerk and ex-officio C erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No. 4026
LEGISLATIVE DRAFT
GhapteF 9.22 SEX OFFENDER PROHIBITION
The pur-posef this ,.L......40.•is to .,,J.,l..enn the F II.,...;ng City Geti...:1 findings and detv«m;fi..4;.,..n.
f e
eammenly known as cc jessiea f ff
p f
to
pr-e4 t G 1;F«.i;....n and; ..o.4;e..1.,« to v.«..4ee4 the].tote's eh:l,d«en f;+.om se�E o ff-e der-n
f
prehibi
seq. (a"sex f- fide.-'')F„m « sidi ...within 2,000 feet_of•any....l.lie o ,..4„sehea o H5 Y..«y
..he«e eh;l.d«eH « „lafly gather
Ct 's laf Tel.. n;,de..t;el nho«oete«
n Thoer-te are,many pl..een in the City whe«e eh;l.d«en 4eo..ently g 4he«n ,eh as eammer-eial
establishments feetised upon previding goods of sevviees to f f
youth aetivity
f
seet of tht; ;�de«o4;e..n
f o en ee a n .
the feeaveFy of e
�aes in any f
h to
H.The City is eeneefoed abeu�the high Fa4e of feeidivism among seE eff-ender-s and their-
dangerousnessness as a elonn The Coy Ge„ne;l takes le.T;nlo4;..e nat;ee Of the No..emhe«7003 oYe«4
issued by the U.S. 4mefft of
f entitled,
Ogatqders Released From Wisen in 1994,"published in 20-0-3. A 1-5 stpte study of pFisener-s released
Feleased se
"Reeidivism of Sex
aff-enders wefe four-times more likely to be r-eaf:resied fe .me. A eopy of this report
. f
the date when the agenda ineluding the or-difianee eedified in this ehapteF'S e8fisidefati8li Was
posted, will « nh
and e
t. The City r vcncn'1 �rz5- v•th the U.S. Dep ur i nt ofi .s4... steto. .ntn in its brief to the
cc
eenvietion than any other-type of f
f
[but al vital eampefient afthese pfegr-ams is fef pai4i6pants to eame!E)terms with their-semial
fflisee...,d..e4 ff
anaeeeptable Fisk to the health,safety and. ,o1F«,. of thee .. nit y thc4« s the City'
health,K.in enaeting this ehaptef,the City does not intend!E) punish sex off-eAdefs fOf theif pFiE)F illegal
safety and welfare f;9f the City's residents and visiter-s.
L.Nothing in this ehapter-shall be deemed to fnodif�,of in any way lifflit FestFi6fiEMS plaeed UpOR a
sem.,f-n def:by t.,FFAs and .. n d:t;.,,is of parole o eb tion (3926...12 1
44c,h&l AffPi1�en» shall mean v n/sl . .,.do«the a of 18 yeafs of ago
u „
cc »
shall mean an),pefs@R f:egistefed under-S-eletiam 29-0- tet seq., aPhe pen-al
(9rn�1)
fr-A-M.the, Paliee Ghipf Ar.his,/14@F designee is guilt),ofa misdemeanef. gaeh eiqtry into an),suGh ,
f:egafdless of the time pefied between ,
2/1
ATTAC H M EN T #2
'1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
'4/23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
Cities Ordinance • Ordinance
adopted repealed
City of Aliso Viejo No
Except as otherwise permitted pursuant to Section 7.60.030 of this
Chapter 7.60 Child Chapter,no person who is required to register pursuant to California Penal Code
City of Anaheim Yes Safety Zones 10/23/2012 Not enforced at this time Section 290 et seq.,shall enter upon or into any City Park where children
regularly gather.Each entry into or upon such City Park,regardless of the time
period between entries,shall constitute a separate offense under this chapter.
City of Brea No
Any registered sex offender who enters into or upon any park within the city
where children regularly gather without a written waiver in his or her physical
City of Buena Park Yes 8.50.030 Prohibitions 2012 No-City Clerk said it is not on any possession from the police chief,issued pursuant to Section 5.50.070 of this code,
upcoming agenda is guilty of a misdemeanor.Each unauthorized entry into any such park,
regardless of the time period between entries,shall constitute a separate
offense.
CHAPTER XIII.SEX Any sex offender who enters into or upon any city park or city owned sports
OFFENDERS facility is guilty of a misdemeanor.Each entry into any such area,regardless of
City of Costa Mesa Yes PROHIBITED FROM 5/1/2012 Yes 3/4/2014 the time period between entries,shall constitute a separate offense under this
ENTERING PARKS chapter.
(a) Proximity restrictions—Generally.It is unlawful for any registered sex
offender to be within five hundred(500)feet of any school,child care center or
V� park.
v (b) Proximity restrictions—Exceptions.
(1) Any registered sex offender is prohibited from being located within five
hundred(500)feet of any school or child care center unless the registered sex
offender is a parent or guardian of a child for whom the individual is legally
responsible and the child attends the school or is a student at the school.
Presence at the school or day care is permitted only for the limited time and
purpose of picking up or dropping off the child,or to attend special events,and
Stay of enforcement(However,the city with the written permission of the school administrator who is responsible for
Sec.17-74.5.Proximity child safety.
City of Cypress Yes 3/12/2012 is waiting to act on their residency
restrictions. restrictions per court ruling) (2) Any registered sex offender is prohibited from being located within five
hundred(500)feet of a park,unless the registered sex offender is a parent or
guardian of a child for whom the individual is legally responsible and the child is
present at the park.
(3) Any registered sex offender who lives within five hundred(500)feet of
any school,child care center or park as ofthe effective date of this chapter is not
required to move.However,the registered sex offender must proceed directly to
and from his or her residence,and not loiter or remain within the five hundred
(500)foot zone.
(c) Loitering.A registered sex offender shall be prohibited from loitering in a child
safety zone.
CD
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`1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
CD
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
J
• OrdinanceD. Date
OrdinanceOrdinance
adopted City of Dana Point No
City of Fountain Valley No
A. It is unlawful for any registered sex offender to be within 300(three hundred)
feet of any school,day care center or park.
B. Exceptions:
1. Any registered sex offender is prohibited from being located within 300
(three hundred)feet of a school,or day care center unless the registered sex
offender is a parent or guardian of a child for whom the individual is legally
responsible and the child attends the school or is a student at the school.
Presence at the school or day care is permitted only for the limited time and
Chapter 7.150. purpose of picking up or dropping off the child,or to attend special events,and
City of Fullerton Yes REGISTERED SEX 2010 On City agenda for 5/6/2014 with the written permission of the school administrator who is responsible for
OFFENDER child safety.
RESTRICTIONS 2. Any registered sex offender is prohibited from being located within 300
(three hundred)feet of a park,unless the registered sex offender is a parent or
guardian of a child for whom the individual is legally responsible and the child is
present at the park.
3. Any registered sex offender who lives within 300(three hundred)feet of
any school,park or day care center as of the effective date of this chapter is not
required to move.However the sex offender must proceed directly to and from
his or her residence,and not loiter or remain within the 300(three hundred)foot
0C
zone.
City of Garden Grove No
A sex offender who enters into or upon a park where children regularly gather
City of Huntington Beach Yes
Chapter 9.22.030 Sex 12/11 Suspended 1/13 without written permission from the Police Chief or his/her designee is guilty of a
Offender Prohibition misdemeanor. Each entry into any such area,regardless of the time period
between entries,shall constitute a separate offense under this section.
Any person who is required to register pursuant to California Penal Code section
290 et seq.,where such registration is required by reason of an offense for which
the person was convicted and in which a minor was the victim,and who enters
City of Irvine Yes
CHAPTER 8.CHILD 6/28/2011 Preempted by the COA upon or into any City park and recreational facility where children regularly
SAFETY ZONES 4.14 gather without written permission from the Director of Public Safety/Chief of
Police or his designee is guilty of a misdemeanor.Each entry into any such area,
regardless of the time period between entries,shall constitute a separate offense
under this chapter.
NOTE: Information is subject to change per the Federal case status conference set for June 16,2014.
Please check with the appropriate jurisdiction. Page 2 of 7 Last Modified:4/29/2014
*1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
*4/23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
Cities Ordinance Ordinance code DateOrdinance
adopted adopted repealed
Any person required to register pursuant to California Penal Code Sections 290,et
Chapter 9.66 CHILD No-unable to determine whether or seq.,who enters into or upon any city of La Habra park where children regularly
City of La Habra Yes SAFETY ZONES 2011 not there is a stay or repeal in progress gather,without written permission from the La Habra police department is guilty
of a misdemeanor.Each entry into any such area,regardless of the time period
between entries,shall constitute a separate offense under this chapter.
City of La Palma No
City of Laguna Beach No
�-i
Chapter 6-40 CHILD Any person required to register pursuant to California Penal Code Sections 290 et
v, SAFETY ZONES—
i� PROHIBITION OF No-unable to determine whether or seq.,who enters into or upon any park within the City where children regularly
City of Laguna Hills Yes REGISTERED SEX not there is a stay or repeal in progress 2011 gather without written permission from the Orange County Sheriff,is guilty of a
�
OFFENDERS FROM misdemeanor.Each entry into any such area,regardless of the time period
ENTERING PARKS between entries,shall constitute a separate offense under this chapter.
City of Laguna Niguel No
City of Laguna Woods No
H--1
CD
"E:Information is subject to change per the Federal case status conference set for June 16,2014.
se check with the appropriate jurisdiction. Page 3 of 7 Last Modified:4/29/2014
IND
'1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
=+ 23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
CD
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
J
Is Ordinance
Ordinance code OrdinanceDate
adoptedadopted
~ Chapter 13.12.-
O
Prohibition of Any person required to register pursuant to California Penal Code Section 290 et
Registered Sex seq.who enters into or upon any Lake Forest park where children regularly
City of Lake Forest Yes Offenders From 12/12/2011 Yes 12/18/2012 gather is guilty of a misdemeanor.Each entry into any such area,regardless of the
Entering Lake Forest time period between entries,shall constitute a separate offense under this
Parks chapter.
A sex offender who enters into or upon any city of Los Alamitos park where
The ordinance has been"Suspended children regularly gather,without written permission from the Los Alamitos
City of Los Alamitos Yes 9.14.030 Prohibitions. 2011 Pending Legal Review" police department is guilty of a misdemeanor.Each entry into any such area,
regardless of the time period between entries,shall constitute a separate offense
under this chapter.
No-see below for comments from City
council meeting minutes
1/20-City Attorney Bill Curley
recommended that the City maintain
the status quo
and wait to see what the State
Supreme Court does with the County's
CC) ordinance.If the Court upholds the
"I Chapter 11.23.- ordinance the City can
v, Any person required to register pursuant to California Penal Code§290 et seq.
O PROHIBITION OF immediately start to enforce its
REGISTERED SEX ordinance and if the Court overturns who enters into or upon any park and recreation facility where children regularly
gather without written permission from the Orange County Sheriff or sheriffs
City of Mission Viejo Yes OFFENDERS FROM 1/16/2012 the decision,then the designee is guilty of a misdemeanor.Each entry into any such area,regardless of
ENTERING CITY PARKS Council can repeal its ordinance.
AND RECREATION 3/3-City received a letter from the
the time period between entries,shall constitute a separate offense under this
FACILITIES ACLU's California Reform Sex Offenders chapter.
Law Group requesting the immediate
repeal of the
City's sex offender ordinance.Mr.
Curley maintained his previous
recommendation to keep the ordinance
on the books and not
enforce it until there is a final judicial
decision on the County matter.
City of Newport Beach No
NOTE:Information is subject to change per the Federal case status conference set for June 16,2014.
Please check with the appropriate jurisdiction. Page 4 of 7 Last Modified:4/29/2014
*1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
*4/23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
Cities Ordinance • Ordinance
adopted repealed
No sex offender shall loiter in a child safety zone.
A.Any sex offender,as defined herein,shall be required,between 12:00 a.m.and
11:59 p.m.,on October 31st of each year to do the following:
Chapter 9.10 sign,
*1 Post ee ee malleF thaR..wive( 2)iRehes by tweAty ce,,.(24)iRehe ,e
REGISTERED SEX *Repealed f
City of Orange Similar 2/23/2010 Preempted by the COA in part:
OFFENDER 10/8/2013 2.Leave all exterior residential,decorative and ornamental lighting off during the
RESTRICTIONS evening hours starting at 5:00 p.m.until midnight,the next day;and
3.Refrain from decorating his residence with Halloween decorations;and
4.Refrain from answering the door to children who are trick or treating.
City of Placentia No
Chapter 6.13 Child
Safety Any person required to register pursuant to California Penal Code Sections 290,et
City of Rancho Santa Zones—Prohibition of No On May 15,2014 it is on the city seq.,who enters into or upon any park within the City where children regularly
Yes 2/8/2012 gather without written permission from the Orange County Sheriff,is guilty of a
Margarita Registered Sex agenda to be repealed misdemeanor.Each entry into any such area,regardless of the time period
Offenders From
between entries,shall constitute a separate offense under this chapter.
Entering Parks
City of San Clemente No
=ity of San Juan Capistrano No
v�
1.A sex offender is prohibited from being on or within three hundred(300)feet
of a children's facility:
Chapter 10-700 (a)While there for the apparent purpose of observing a child or children,or
ARTICLE XII. (b)If the sex offender returns at any time after having been notified to leave by
the owner or any authorized official of such children's facility.
PROXIMITY No City Attorneys office said they Three hundred(300)feet shall be measured from the property lines of the parcel
City of Santa Ana Yes RESTRICTIONS FOR 6/4/2012 have an informal moratorium. so zoned or used of each children's facility without regard to intervening
REGISTERED SEX Ordinance is not enforced at this time.
structures.
OFFENDERS TO 2.A sex offender is prohibited from entering into or upon,or being present in or
CHILDREN'S FACILITIES
upon,any children's facility.Each entry into any such area,regardless of the time
period between entries,shall constitute a separate offense under this article.
3.A violation of this section is a misdemeanor.
No person required to register pursuant to California Penal Code sections 290 et
Chapter Child seq.shall enter into or upon the child safety zone.Each entry into the child safety
City of Seal Beach Yes Safety Zonee(Ord.No. Yes 2/24/2014 1615) zone shall constitute a separate offense under this ordinance regardless of the
time period between entries.
f- City of Stanton No
Information is subject to change per the Federal case status conference set for June 16,2014.
se check with the appropriate jurisdiction. Page 5 of 7 Last Modified:4/29/2014
`1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
CD
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
J
• Ordinance �. Date
. . • .
adopted adopted
inance repealed repealed Select Code Provisions
N
Except as provided by this chapter,a sex offender shall be prohibited from
loitering in a child safety zone.The exceptions to this section are stated in Section
5961.
B.The City Clerk shall maintain as a public record a map that graphically identifies
each child safety zone in the City.The child safety zone map shall be prepared
and annually updated by the Director of Community Development and the Police
Chief,and shall be administratively approved on or before March 1 each year by
the City Manager or his/her designee.Additional updates to the child safety zone
map shall be within the discretion of the City Manager,or his/her designee,as
CHAPTER 12(5950- warranted by City approvals of new,modified and terminated land uses.A true
5961)SEX OFFENDER and correct copy of each child safety zone map shall be posted on the City's
City of Tustin Yes RESIDENCY AND 3/1/2011 Yes 3/14 website,http://www.tustinca.org.
LOITERING C.The Tustin Police Department shall prominently post clear notice of the
RESTRICTIONS defined venue of any community event and the boundaries of the corresponding
child safety zone on its website,http://www.tustinpd.org,and in its lobby,for a
period commencing not less than one(1)week prior to the date of the
2 community event in question.Concurrent with its posting of said notice,the
police department shall transmit a copy of same to the California Department of
Corrections and Rehabilitation,and the Orange County Probation Department.
�j Furthermore,each such notice shall be a public record maintained by the City
Clerk and posted on the City's website,http://www.tustinca.org through the
same period of posting on the police department's website.
City of Villa Park No
Chapter 9.71
PROHIBITING SEX Any person required to register pursuant to California Penal Code Sections 290,et
OFFENDERS FROM seq.,who enters into or upon any city of Westminster park where children
ENTERING CITY PARKS Z011 No-unable to determine whether or regularly gather,without written permission from the Westminster police
City of Westminster Yes WITHOUT WRITTEN not there is a stayor repeal in progress department is guilty of a misdemeanor.Each entry into an such area,regardless
p p g p g Y Y� Y g
PERMISSION FROM of the time period between entries,shall constitute a separate offense under this
THE WESTMINSTER chapter.
POLICE DEPARTMENT
NOTE:Information is subject to change per the Federal case status conference set for June 16,2014.
Please check with the appropriate jurisdiction. Page 6 of 7 Last Modified:4/29/2014
*1/10/14 Calitornia Court of Appeals tound that the presence restriction of 290 registrants in Orange County Parks and Beaches was in contlict with the Calitornia State Constitution.
*4/23/14 California Supreme Court declined to hear the case challenging local ordinances banning sex offenders from certain public places.
Cities in Orange County California that have passed ordinances restricting persons required to register under Penal Code 290
Cities Ordinance Ordinance code Date Ordinance
adopted adopted repealed
Any person required to register pursuant to California Penal Code section 290 et
seq.who enters upon or into any City park and recreational facility where
children regularly gather without written permission from the Chief of Police,or
his or her designee,is guilty of a misdemeanor.Each entry into any such area,
regardless of the time period between entries,shall constitute a separate offense
under this chapter.Examples of where the Chief of Police may grant permission
include,but are not limited to:
A.A sex offender entering into any City park and recreational facility for the
purpose of exercising the right to free expression or assembly;
City of Yorba Linda Yes Chapter 9.28 CHILD 2011 No B.A sex offender entering into any City park and recreational facility for purposes
SAFETY ZONES limited to the education or care of a child for whom the sex offender is the parent
or legal guardian;or
C.A sex offender entering into any City park and recreational facility for the
purpose of lawful employment,provided that he or she commenced said
employment prior to the effective date of this Chapter.
D.A sex offender entering into any City park for the limited purpose of travelling
from one part of the City to another,provided that he or she does not delay,
linger,or idle in any particular area of the park for a period in excess of five(5)
w
vl minutes.
w
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