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Home My WebLink AboutCC Ord 1615 2012-03-12 ORDINANCE NUMBER 1615 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.70 TO THE SEAL BEACH MUNICIPAL CODE ESTABLISHING CITY PARKS, BEACHES, JETTIES AND PIERS, AND ADJACENT CITY OWNED OR LEASED PARKING LOTS AS A CHILD SAFETY ZONE WHERE REGISTERED SEX OFFENDERS ARE PROHIBITED FROM ENTERING WHEREAS, Article XI, Section 7 of the California Constitution, the Seal Beach City Charter and California Government Code Section 37100 provide the City of Seal Beach ("City") with authority to enact local ordinances to protect the health, safety, and welfare of its residents; and WHEREAS, the City of Seal Beach finds that it is appropriate and necessary to protect children from sexual predators in areas where children frequent by prohibiting registered sex offenders from entering City parks, beaches, jetties, and piers, and adjacent City owned or leased parking lots; and WHEREAS, this Ordinance is not intended to conflict with, but rather, to supplement, State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 7.70 is hereby added to Title 7 of the Seal Beach Municipal Code to read as follows: "Chapter 7.70 Child Safety Zone § 7.70.010 Purpose and Intent It is the purpose and intent of this Chapter to protect children from registered sex offenders by restricting sex offenders' access to locations where children regularly gather. The City Council finds that City parks, beaches, jetties, piers, and adjacent City owned or leased parking lots are locations where children regularly gather. The City Council further finds that restricting sex offender access to such locations will reduce the risk of harm to children by impeding the ability of sex offenders to be in contact with children. It is further the purpose and intent of this Chapter to provide additional restrictions beyond those provided for in state law by restricting sex offenders from certain locations, and by allowing for criminal penalties for violations of this Chapter. It is not the intent of this Chapter to allow conduct otherwise prohibited by state law, or to contradict state law. § 7.70.015 Child Safety Zone Therefore it is hereby established a child safety zone encompassing the following locations within the City: each City park, greenbelt, beach, jetty and pier, which shall include but not be limited to Almond Park, Arbor Park, Aster Park, Bluebell Park, Edison Park and Gardens, Eisenhower Park, Electric Avenue Greenbelt, Gum Grove Nature Park, Heather Park, Marina Community Center, Marina Park, McGaugh School Campus, North Seal Beach Center, Seal Beach Tennis Center, Zoeter Softball Ordinance Number 1615 Facility and Park, Seal Beach Municipal Pier, Seal Beach rock jetty and all City owned or leased parking lots located immediately adjacent to any City park, beach, jetty, or pier. § 7.70.020 Prohibition No person required to register pursuant to California Penal Code sections 290 et seq. shall enter into or upon the child safety zone. Each entry into the child safety zone shall constitute a separate offense under this ordinance regardless of the time period between entries. § 7.70.025 Penalties for Violation Punishment for a violation of Section 7.70.025 shall be as follows: A. Upon a first conviction, by imprisonment in a county jail for a period of not more than six months, or by a fine not exceeding $500, or by both imprisonment and a fine. B. Upon a second conviction, by imprisonment in a county jail for a period of not less than 10 days and not more than six months, or by both imprisonment and a fine not exceeding $500. Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. C. Upon a third or subsequent conviction, by imprisonment in a county jail for period of not less than 90 days and not more than six months, or by both imprisonment and a fine not exceeding $500. Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. § 7.70.030 Other Prosecution Authorized Nothing in this ordinance shall preclude or prohibit prosecution under any other provision of law." SECTION 2. If any section, paragraph, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published in the manner required by law. This ordinance shall become effective 30 days from and after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 12th day of March , 20 2. OF SEA[ 't, , onP0 �q' ;* y'y Mayor ATTEST: 'r ' e F \ it Clerk Ordinance Number 1615 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 27th day of February , 2012 and was passed, approved and adopted by the City Council at a regular meeting held on the 12th day of March , 2012 by the following vote: AYES: Council Members ,C I,d77 fig' /1/1 ._../ 4L �I /Ii- NOES: Council Members ' ),0 ABSENT: Council Members /-)e ABSTAIN: Council Members WA/ And do hereby further certify that Ordinance Number 1615 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. hAt 4-)-1/4//iLe ity lerk I