HomeMy WebLinkAboutSex Offender Prohibition - Child Safety Zones - Ordinance 39 PROOF OF
PUBLICATION
STATE OF 'CALIFORNIA) Off OFHui�kok
BU01
SS. 1164NOTICE
ORDINANCE NO.3926
COUNTY OF ®RANGE ) CAdotedeancthe Ci
Pilonbld0 FEMBER
21,2011
"AN ORDINANCE OF THE
CITY OF HUNTINGTON
BEACH AMENDING :THE
I am a citizen of the United States and a HUNTINGTON.;BEACH
MUNICIPAL CODE BY
resident of the County of Los Angeles, I ADDING
TITLED-SCHAPTER 9.22
EX OFFENDER
am over the:age of eighteen years, and PROHIBITION"
l SYNOPSIS:
not a °party to'oh interested in the notice NANCEINO. OF OCRE-
published. I am a principal clerk of the ZONE CHILD SAFETY
PARKS
HUNTINGTON BEACH IN HUNTINGTON BEACH-
'PROHIBITING REGIS-
INDEPENDENT, which was adjudged a TERED SEX OFFENDERS
FROM BEING•1NSIDE THE
newspaper. of general circulation on PASSED AND ADOPTED
September 29, 1961 , case A6214, and by the'Civty f CouncilHunting-o
on
June 11,. .1`963P'case_A24831, for the Beach at regular
meeting held November
City of,:H,untington :_Beach,- County of 21, 2011'by the follow-
�y ing roll call vote:
Orange "4r -_'4he1'State` of California. AYES: Harper, Hansen,
Carchio,Dwyer,-
Attached to this Affidavit is a true and NOES:Shaw,,Boardman'
ABSTAIN:Bohr
complete copy as was printed and j ABSENT:-None
THE FULL TEXT OF THE
published onJhe,following;date(s):, ORDINANCE IS IAVAIL-
ABLE-_IN',THE .CITY
CLERK S OFFICE.
This ordinance is effec-
Thursday, December 1, 20117" tive 30 days after'
adoption.
CITY OF HUNTINGTON
BEACH
` 2000 MAIN STREET
HUNTINGTON BEACH,
certif\/ r ( Y
;'�eclare) under penalt CA9264B
7=.\(�, `" 714-SSb 5227
JOANi FLYNN,CITY
of , that the foregoing is true CLERK. ;
p, �� Published; Hunting
and .correct:- ton,Beach Independent;
December 1;2011
Executed op-_December 8, 2011
at;Los A ngeles, California
2Yi, C,
Signature-t _
J,;t ;
1 C:t:
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.
1
11-2928n3238
Ordinance No. 3926
(e) Article M, 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 (it) "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."
6) 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.
2
1 1-2928/7323 8
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 .
a
ATTEST: INITIATED AND APPROVED:
Qaa,V�J, el�- d-,&- � -
City Clerk / Chief of Police
REVLE } APPROVED:
APPROVED AS TO FORM:
City ager
City Att ey
jI.2l•�l
3
11-2928/73238
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.
In accordance with the City Charter of said City
Joan L. Flynn, Cily Clerk fi Clerk and ex-offici(Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
AWA6U&t +s A-mg-4 ai-A ak N /)
Council/Agency Meeting Held: //- 7-//
Deferred/Continued to: 1111k1,k( —Q4w
A roved ❑ Conditional) Appr ved ❑ Denied ( it erk' igna r
i
Council Meeting Date: November 7, 2011 Department ID Number: PD-11-021
IM
CITY OF HUNTINGTON BEACH
®l"i REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve for introduction Ordinance No. 3926. Adding Chapter 9.22 of
the Huntington Beach Municipal Code creating a Child Safety Zone —
Sex Offender Prohibition.
Statement of Issue: Chapter 9.22 of the Huntington Beach Municipal Code would create a
child safety zone for city parks in Huntington Beach by prohibiting registered sex offenders
from being inside the parks.
Financial Impact: If a person is convicted of a municipal code violation and is sentenced
to the Orange County Jail, the county charges $176 for the first day in custody and $39 for
each subsequent day in custody. The cost associated with a thirty (30) day sentence in the
Orange County Jail would be about $1,307. A six (6) month sentence would result in a
charge of about $7,157. The future costs associated with the passage of this ordinance are
unknown. The costs would be based on the number of convictions that occur and the length
of the sentences imposed by the court. The Police Department budget, in account
10070601.69450, has $25,000 for Orange County Jail custody charges and other contract
services. Approximately $20,000 of this account is already encumbered.
Recommended Action: Motion to:
Approve for introduction Ordinance No. 3926, "An Ordinance of the City of Huntington Beach
Amending The Huntington Beach Municipal Code by adding Chapter 9.22 Titled Child Safety
Zone — Sex Offender Prohibition."
Alternative Action(s):
Staff is recommending that the City Council adopt the proposed ordinance. If the City
Council decides not to adopt the proposed ordinance, the following alternative actions may
be considered:
1. Do not adopt the attached ordinance. Instead, make a motion to amend the ordinance
by removing the exemptions contained in section 9.22.040 (a) and (b).
2. Do not adopt the attached ordinance. Instead, make a motion to amend the ordinance
by removing the definition of"sex offender" from section 9.22.020.
3. Do not adopt the attached ordinance. Instead, make a motion to direct the City Attorney
to draft an ordinance more closely modeled after the county ordinance.
Item 16. - 1 HB -248-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/7/2011 DEPARTMENT ID NUMBER: PD-11-021
Analysis: On April 5, 2011, the Orange County Board of Supervisors adopted an
ordinance prohibiting all registered sex offenders from entering Orange County parks and
related recreational areas. Following the adoption of the county ordinance, Orange County
District Attorney, Tony Rackauckas, sent a letter to every city in Orange County
recommending that the cities adopt an ordinance similar to the county ordinance.
On May 16, 2011, Mayor Joe Carchio and Council Member Matt Harper jointly introduced a
City Council member item prohibiting registered sex offenders from entering city parks and
beaches. After discussion by City Council members and City staff, as well as input from
public speakers, a motion was made and unanimously passed to direct the City Attorney to
draft an ordinance prohibiting registered sex offenders from entering city parks and beaches
similar to the county ordinance.
Following the city council meeting, the City Attorney and the Chief of Police met with
representatives of the Orange County District Attorney's Office to discuss the county
ordinance and to discuss some of the issues and questions that arose during and prior to the
City Council meeting. Additionally, the Chief of Police discussed the county ordinance with
the Orange County Sheriff and a number of other law enforcement executives throughout
Orange County, some of whom had local sex offender ordinances in their cities. Based on a
comprehensive review of this matter, staff is recommending the adoption of an ordinance
that is similar to, but not identical to, the county ordinance. The ordinance recommended
for adoption has the same goal as the county ordinance (to protect children from registered
sex offenders), but it also takes into consideration the concerns, questions, and discussion
that occurred prior to, during, and after the city council meeting.
According to information contained on the California Megan's Law Website, there are 168
crimes, both felony and misdemeanor, that require registration upon conviction. There are
approximately 86,000 registered sex offenders in California. Some of these offenders are
required to register based on a conviction that occurred many years ago even though there
have been no subsequent occurrences. The county ordinance prohibits all 86,000 offenders
from entering parks and related recreation areas. The California Megan's Law Website lists
94 registered sex offenders in the City of Huntington Beach. There are an additional 90
registered sex offenders living in Huntington Beach who are not subject to public disclosure.
All 184 sex offenders are registered with the Huntington Beach Police Department.
Based on discussion during the City Council meeting, it was clear that some members of the
City Council, as well as some members of City staff, had concerns regarding a restriction that
applied to all registered sex offenders. The concerns mentioned most often can be grouped
into three general categories. These three concerns were discussed during the council
meeting, they were conveyed in emails and direct contacts with Council Members and staff.
They were repeated by law enforcement agencies in locations where an "all registered sex
offender" type ordinance was considered or adopted. The three general categories are:
® It may not be necessary to include all 168 crimes for which people were convicted and
required to register in the list of sex offenders who are prohibited from entering parks.
HB -249- Item 16. - 2
REQUEST FOR COUNCIL ACTION
TWEETING DATE: 11/7/2011 DEPARTMENT ID NUMBER: PD-11-021
® Parents or legal guardians who are registered sex offenders would be prohibited from
taking their own children into parks; in essence punishing the children for the conduct of
their parents. Some of the involved parents or legal guardians may be registered sex
offenders based on a one-time conviction many years ago.
® Registered sex offenders would be prohibited from going to work if their work location
was within a park. Some of these offenders may have worked at the location for many
years and had no prior complaints or problems related to their employment.
The ordinance recommended for adoption addresses the above three issues in the following
manner. First, the City Attorney and Chief of Police requested from the District Attorney a list
of specific Penal Code Sections that should be included in an ordinance if the City Council
chose not to prohibit all registered sex offenders. The District Attorney's Office developed a
list of specific Penal Code sections recommended by the prosecutors. This information was
included in a letter from the District Attorney to the Mayor, dated August 23, 2011, and it is
included in the recommended ordinance in the definitions section (9.22.020). The District
Attorney did not believe it was necessary to limit the number of crimes, but only provided the
information to assist the City Council if that was the City Council's intent.
Second, the ordinance provides an exemption for a sex offender who is a parent or legal
guardian for purposes limited to the education or care of their child. Third, the ordinance
provides an exemption for a sex offender during their hours of employment, if a park is their
lawful place of employment. This exemption is only applicable to a registered sex offender
who is employed in a park at the time the ordinance becomes effective. It does not apply to
any future employment of a registered sex offender in a park.
A violation of the recommended ordinance is a misdemeanor. Any person convicted of this
section shall be punishable by imprisonment in the city jail, or in the county jail, not
exceeding six (6) months, or by fine not exceeding one thousand dollars ($1000), or by both
fine and imprisonment. If a person convicted under this section is sentenced to county jail,
the city is required to pay the county the cost of imprisonment.
This Recommendation for Council Action includes three alternative recommendations.
1. The first alternative recommendation is to adopt an ordinance that applies only to sex
offenders listed in 9.22.020, but does not include an exemption for parents or legal
guardians with their children, and registered sex offenders who work in parks. There
would be no exemption for anyone required to register for a conviction listed in
9.22.020.
2. The second alternative recommendation is to adopt an ordinance that applies to all
registered sex offenders (not just those convicted of penal code sections listed in
9.22.020), but includes an exemption for parents or legal guardians with their children
and registered sex offenders who work in parks.
3. The third alternative recommendation is to adopt an ordinance modeled closely after the
county ordinance. It would include all registered sex offenders (not just those convicted
of penal code sections listed in 9.22.020), and it would not include an exemption for
Item 16. - 3 xB -250-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/7/2011 DEPARTMENT ID NUMBER: PD-11-021
parents or legal guardians with their children, and registered sex offenders who work in
parks. Staff does not recommend adoption of the third alternate recommendation.
Further, if the Council decides to adopt an ordinance modeled closely after the county
ordinance, the Chief of Police specifically requests not to be designated as the person
authorized to provide an exemption to the ordinance. The Chief of Police believes that,
considering the highly charged public and media concern regarding registered sex offenders,
being designated as the person to approve exemptions is an untenable position.
Additionally, it potentially exposes that person to professional and personal liability, as well
as potentially exposes the City to liability if something happens after an exemption is granted.
Environmental Status: Not applicable
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
1. Ordinance No. 3926, "An Ordinance of the City of Huntington Beach Amending The
Huntington Beach Municipal Code by adding Chapter 9.22 Titled Child Safety Zone
— Sex Offender Prohibition"
xB -251- Item 16. - 4
ATTACHMENT # 1
ORDINANCE NO. 3926
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TIM HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 9.22 TITLED
CHILD SAFETY ZONES - 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
CHELD SAFETY ZONES—SEX OFFENDER PROHMMON
Sections
9.22.010 Purpose
9.22,020 Definitions
9.22.030 Sex Offender Prohibition,-Ehitd-Safety=Zone
9.22.040 Applicability of 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.
1
11-2928/n1949
HB -253- Item 16. - 6
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.
2
11-2928n1949
Item 16. - 7 HB -254-
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 of the Penal Code:
a. whose offense was a felony;
b. whose offense involved someone under the age of 18;
C. who violated the following Penal Code sections, whether a misdemeanor or a
felony and regardless of the victim's age:
i) Any section listed in Chapter 7.5 (crimes involving obscene
matter, including child pornography; and/or
ii) Sections 207 (kidnapping), 220 (forcible and/or in concert or assault
with intent to commit rape, sodomy, oral copulation, lewd acts upon a child or penetration);
261 (rape); 264 (rape); 286 (sodomy); 288 (lewd acts upon a child); 288a(oral copulation of
a minor); 288.3 (contracting a minor to commit forcible kidnapping or kidnapping for
ransom, rape, child endangerment, sodomy, lewd acts upon a child, oral copulation of a
minor, forcible sexual penetration, possession of child pornography); 314 (indecent
exposure), and 647.6(child annoyance).
9.22.030 Sex Offender Prohibition. Except as provided by this Chapter, a sex offender shall be
prohibited from entering into or on a park. The_exceptions--to this es ction are stated-in-section
9.22.040 Applicability of Prohibition. The provisions of this chapter shall not apply to:
A sex offender's access--to..a park for purposes limited to the education or care of a
child for whom the,sex offender is a parent or legal_guardian; or
(b) A sex offender's.otherwise lawful presence within the walls or curtilage-ofa structure
or other location that is his/her place-of.lawful employment during-haurs..ployment, provided
that he/she commenced said employment priorto the-effectve date of this ch pter.
SECTION 2. SEVERABILIT If any section,"subsection, subdivision, sentence, clause,
phrase, word or portion,of t�s Ordinance is, for any reason, heldto-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.
3
11 2928nl949
xB -255- Item 16. - 8
Ordinance No. 3926
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 day of , 20
Mayor
ATTEST: INITIATED AND APPROVED:
City Clerk Chief of Police �2c� Za`(
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
City Manager
ity�Attoey
4
11-2928nl949
Item 16. - 9 , HB -256-
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ORDINANCE NO. 3926
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ,°
AMENDING THE HUNTINGTON BEACH MUNICIPAL ,,F
CODE BY ADDING CHAPTER 9.22 TITLED
CHILD.SAFETY-.ZONES - SEX OFFENDER PROHIBITION
The City Council of the City of Huntington Beach does herebyordain as follows:
SECTION I. The Huntington Beach Municipal Code i fiereby amended to add Chapter
9.22, said chapter to read as follows:
Chapter 9.
C'HH,D SAFETY ZONES— SE . OFFENDER PROHIBrFION
Sections
9.22.010 Purpose '
9.22.020 Definitions
9.22.030 Sex Offender Prohibition hild Safety Zone
9.22.040 Applicability of Prohib' ion
9.22.010 Purpose. The purpose of this chapter is to address the following City Council findings
and determinations:
(a) On Novembe 7, 2006, the voters of the State of California overwhelmingly
approved Proposition 83, t e Sexual Predator Punishment and Control Act, commonly known as
7
"Jessica's Law," to prote Californians, and in particular, to protect the State's children from sex
offenders.
(b) Prop ition 83, as codified at subsection (b) of California Penal Code section 3003.5,
prohibits any persl ho is required to register as a sex offender per California Penal Code section
290 et seq. (a " ex offender") from residing within two thousand feet (2,000') of any public or
private school, r any park where children regularly gather.
(c) The City of Huntington Beach is an attractive place for families and children because
of the C' '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.
11-2928t71949 47
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 citiesJ6 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. y
(h) The City is concerned about the high rate of re'cidivism among sex offenders and
their dangerousness as a class. The City Council takes leg slative notice of the November 2003
report issued by the U.S. Department of Justice, Bureau offustice 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 Cit yYCouncil and public review at the City Clerk's
Office as a public record since the date when t1k agenda including this ordinance's consideration
was posted, and will remain as such.
(i) The City Council agrees witif 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."
(j) 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. t'
(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 upyn a sex offender by terms and conditions of parole or probation.
2
1 1-2928/7 1949
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./`ef
"Park" shall be defined as referenced in Huntington Beach Municipal Code Chap10 13.48.010.
"Sex offender" shall mean any person registered under section 290 of the Penal Code:
✓a. whose offense was a felony;
b. whose offense involved someone.under the ageof 1-8;
c. who violated the following Penal Code sections, whether a misdemeanor or a
felony and regardless of the victim's age: /
i) Any section listed in Chap er 7.5 (crimes involving obscene
matter, including child pornography; and/or /
ii) Sections 207 (kidnapping};°220 (forcible and/or in concert or assault
with intent to commit rape, sodomy, oral copulation, lewd acts upon a child or penetration);
261 (rape); 264 (rape); 286 (sodomy); 288 (lewd acts upon a child); 288a(oral copulation of
a minor); 288.3 (contracting a minor to/commit forcible kidnapping or kidnapping for
ransom, rape, child endangerment, sodomy, lewd acts upon a child, oral copulation of a
minor, forcible sexual penetration, s�possession of child pornography); 314 (indecent
exposure), and 647.6 (child annoyance).
n�.
9.22.030 Sex Offender Prohibition. Except as provided by this Chapter, a sex offender shall be
prohibited from entering into or on a/p"ark. The exceptions to this section are stated in section
9.22.040,...__
9.22.040 Applicability of Prohibition. The provisions of this chapter shall not apply to:
(a) A sex offender's"access to a park for purposes limited to the education or care of a
child for whom the sex offender is a.parent or legal guardian; or
(b) A sex offender's otherwise lawful presence within the walls or curtilage of a structure
or other location that is his/her place of lawful employment during hours of employment, provided
that he/she commenced,said employment prior to the effective date of this chapter.
/,i
SECTION 2 SEVERABILITY, If any section, subsection, subdivision, sentence, clause,
phrase, word or pa`rtion 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.
3
11-2928/71949
Ordinance No. 3926
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 44regular
meeting thereof held on the day of , 20J
s`
Mayor
ATTEST: INITIATED AND APPROVED:
City Clerk Chief:(Police _2C� 2-0�
d
REVIE APPROVED: '
APPROVED AS TO FORM:
Ci fa�gar '
ity Attor ey
,a s ��
x
F
5
JJ J�
xV
FF
+f
�T
t rf
l
,r
4
11-2928/71949
ORDINANCE NO. 3926
,r
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL Frrp. '
CODE BY ADDING CHAPTER 9.22 TITLED '
SEX OFFENDER PROHIBITION
r�
The City Council of the City of Huntington Beach does hereby "rdain as follows:
SECTION 1. The Huntington Beach Municipal Code is h.reby amended to add Chapter
9.22, said chapter to read as follows:
Chapter 9.22
SEX OFFENDER PR HIBITION
Sections
NQ !yam "� 7 ti
9.22.010 Purpose
9.22.020 Definitions "• :�
9.22.030 Sex Offender Prohibition
9.22.010 Purpose. The purpose of this ch ter is to address the following City Council findings
and determinations:
(a) On November 7, 20/ the voters of the State of California overwhelmingly
approved Proposition 83, the Sexu Predator Punishment and Control Act, commonly known as
"Jessica's Law," to protect Califo ians, 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 offe er") from residing within two thousand feet (2,000') of any public or
private school, or any p where children regularly gather.
(c) The C' y of Huntington Beach is an attractive place for families and children because
of the City's largely residential character.
(d) T ere 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.
(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.
I
11-2928/72599
Ordinance No. 3926
(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 actionto/protect children and
potential victims from these dangerous predators.
h The City is concerned about the high rate of recidivis ' among sex offenders and
( ) Y g g
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 200�3. A fifteen (15) state study of
prisoners released in 1994 showed that when compared to no4ex 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 f;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,
mpulses 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 -ince 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,�s`afety 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.
t"
(1) Nothing inrthis 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.
9.22.020 Definitions:' As used in this chapter, the following terms shall have meanings as set forth
below: f
"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 13s48 010.
2
11-2928/72599
Cj
_. _� J
Ordinance No. 3926 r�
"Sex offender" shall mean any person registered under section 290 of the Penal Code who-,violated
the following Penal Code sections, whether a misdemeanor or a felony and regar .less of the
victim's age:
a) Any section listed in Chapter 7.5 (crimes involving obscene matte, including child
pornography; and/or
"" °'
b) Sections 207 (kidnapping), 220 (forcible and/or in concert o� assault with intent to
commit rape, sodomy, oral copulation, lewd acts upon a cild or penetration); 261
(rape); 264 (rape); 286 (sodomy); 288 (lewd acts upon a gild); 288a(oral copulation
of a minor); 288.3 (contracting a minor to commit forcible kidnapping or kidnapping
for ransom, rape, child endangerment, sodomy, lewd acts upon a child, oral
copulation of a minor, forcible sexual penetration, possession of child pornography);
314 (indecent exposure), and 647.6 (child annoyance).
9.22.030 Sex Offender Prohibition. Except as provided b-this Chapter, 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 anyreason, 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 beAdeclared invalid or unconstitutional.
SECTION 3. This ordinance shalf"become effective 30 days after its adoption.
g°
PASSED AND ADOPTED by)the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of , 20
' Mayor
P
y,.
ATTEST: � ' INITIATED AND APPROVED:
cd
City Clerk Chief of Police
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
City Manager
'ty Atto ey
jX
11-2928/72599
o
CITY OF HUNTINGTON BEACH
Interdepartmental Memo
TO: Joan Flynn, City Clerk
FROM: Kenneth W. Small, Chief of Police
®ATE: November 21, 2011
SUBJECT: Supplemental Communications —
Child Safety Zones - Sex Offender Prohibition
This is the revised version of the ordinance introduced as amended at the
November 7, 2011 Council Meeting.
Thank you.
KWS/kar
SUPPLEMENTAL
COMMUNICATION
Aqenda hem No. .
Supplemental Comm- late comm.doc -1- 11/21/2011 11:52:00 AM