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Home My WebLink AboutCC AG PKT 2014-02-10 #C AGENDA STAFF REPORT DATE: February 10, 2014 TO: Honorable Mayor and City Council FROM: Quinn M. Barrow, City Attorney SUBJECT: AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE 1615 AND DELETING SEAL BEACH MUNICIPAL CODE CHAPTER 7.70 REGARDING SAFETY ZONES SUMMARY OF REQUEST: That the City Council consider introducing proposed Ordinance No. 1637, which would repeal Ordinance 1615 and delete Chapter 7.70 of the Municipal Code regarding safety zones. BACKGROUND AND DISCUSSION: In March 2012, the City Council approved and adopted Ordinance 1615, which prohibited registered sex offenders from entering City parks, beaches, jetties and piers, and adjacent City owned or leased parking lots. This prohibition was codified in Chapter 7.70 of the Municipal Code. On January 10, 2014, the California Court of Appeal for the Fourth District issued an opinion on the case of People v. Godinaz that addressed the validity of an Orange County ordinance that prohibited registered sex offenders from entering a county park without the county sheriffs written permission. The Court of Appeal held that the County's ordinance was invalid because the state has already preempted the field of regulating the daily life of sex offenders to reduce the risk of an offender committing a new offense. The City was not a party to the case, but the City is located in the Fourth District's jurisdiction. The proposed Ordinance No. 1637 would repeal Ordinance No. 1615 and thereby delete Chapter 7.70 of the Municipal Code. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Agenda Item — C FINANCIAL IMPACT: There is no financial impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed the proposed Ordinance and approved it as to form. RECOMMENDATION: That the City Council introduce Ordinance No. 1637 and direct staff to schedule a second reading of the same. Attachment: A. Ordinance No. 1637 B. Ordinance No. 1615 (adopted 03/12/12) Page 2 ORDINANCE NUMBER 1637 AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCE 1615 AND DELETING CHAPTER 7.70 OF THE SEAL BEACH MUNICIPAL CODE REGARDING SAFETY ZONES THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. Ordinance 1615 is hereby repealed and Chapter 7.70 is hereby deleted from Title 7 of the Seal Beach Municipal Code. SECTION 2. 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 Seal Beach City Council at a regular meeting held on the day of 2014. Mayor ATTEST: City Clerk STA"rE 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 10th day of February , 2014 and was passed, approved and adopted by the City Council at a regular meeting held on the day of 2014 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1637 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 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 Thereipre 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 tu any City park, beach,jetty,o,pier. §7'70.020 Prohibition No person required to e0(somr pursuant to California Penal Code sections 290 at seq. ohmd| enter into orupon the child safety zone. Each entry into the child safety zone mhnU constitute a separate offense under this ordinance regardless of the time period between entries. §7.70.025 Penalties for Violation Punishment for e violation of Section 7.7O.D25 shall bessfollows: A. Upon a first conviction, by imprisonment in aoounhy jail for a period of not more than six months, or by a fine not exceeding$5DO.orby both imprisonment and afine. B. Upon e second uonviction, by imprisonment in a county jail fora period of not less than 10 days and not more than six montha, or by both imprisonment and a fine not exceeding $500, Upon o second conviction, however, the person shall not be released on probation,parole,nr any other basis until heor she has served not less than 1Udays. C. Upon a third or subsequent nonviction, by imprisonment ino county jail for period of not less than Q0 days and not more than six months, orby both imprisonment and afine not exceeding $500. Upon athind or subsequent conviction, hovmner, the person shall not be released on probation, parole, u,any other basis until haor she has served not less than QOdays. §7.70.030 Other Prosecution Authorized Nothing in this ordinance ahe|| preclude or prohibit prosecution under any other provision uf|mx." SECTION 2. If any mection, panageph, aentance, dauoe, phrase or portion of this ordinance is held invalid or unconstitutional by any onud of competent juhedicdon, 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 1obe published in the manner required by law. This ordinance shall become effective 3Odays from and after its passage. PASSED. APPROVED AND ADOPTED by the City Council of the Qty of 8ee| regular Beach at a eeti held on the 12th day of March _ Mayor titiCIUM Ordinance Number 1615 STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, 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 [)1,77-1, 7M,_ NOES: Council Members C, 11) ABSENT: Council Members Q�hv ABSTAIN: Council Members 4&Z And do hereby further certify that Ordinance Number 1615 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ity lark