HomeMy WebLinkAboutCC AG PKT 2010-06-14 #SAGENDA STAFF REPORT
DATE: June 14, 2010
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police; and
Quinn Barrow, City Attorney
SUBJECT: SEX OFFENDER RESIDENCY RESTRICTIONS
SUMMARY OF REQUEST
Staff requests that the City Council:
1. Adopt Urgency Ordinance No. 1597 -U; and
2. Introduce for first reading Ordinance No. 1597.
EXECUTIVE SUMMARY
Pursuant to Jessica's Law (Proposition 83), and in coordination with the Police
Department, the City Attorney has drafted an ordinance to restrict the residency
of registered sex offenders. State law makes it unlawful for a person who has
been convicted of certain sex offenses to reside within 2000 feet of any public or
private school, or park where children regularly gather. Jessica's Law allows
local governments such as Seal Beach to adopt an ordinance imposing further
restrictions. In addition to enacting the restrictions contained in state law, the
proposed ordinance, if adopted, would impose the following further requirements:
1. No registered sex offender can establish his or her residency within 2,000
feet of any park, public library, foster home, day -care home or childcare center.
2. No registered sex offender may establish residency in a residence already
occupied by a registered sex offender, unless the sex offenders are legally
related by blood, marriage or adoption.
BACKGROUND
Staff is concerned about recent reported incidents where convicted sex offenders
who have been released from custody repeat sex crimes. Convicted sex
Agenda Item S
Page 2
offenders pose a clear threat to children in the City, which traditionally has been
an attractive place for families with children to reside.
California Penal Code §290 requires certain convicted sex offenders to register
with the Chief of Police where the offender intends to reside. California Penal
Code §3003.5(b) provides it is unlawful for a person who has been convicted of
certain sex offenses to reside within 2000 feet of any public or private school, or
park where children regularly gather. In 2006, California voters adopted
Proposition 83, to add Penal Code §3003.5(c) to state law. Penal Code
§3003.5(c) authorizes cities to enact local ordinances that further restrict the
residency of any registered sex offender. The proposed ordinance, if adopted,
would impose further restrictions.
DISCUSSION
Under State law, convicted sex offenders residing, working or attending school in
California are, for the duration of their lives, required to register with law
enforcement agencies in the city where they reside within 5 working days of
coming into that city or changing their residence. (Penal Code §290. California
law requires sex offenders to regularly disclose where they are living and
maintains an online registered sex offender registry to track those sex offenders.
Residency restrictions are a new trend in limiting the conduct of registered sex
offenders. States and cities around the country have passed laws prohibiting
registered sex offenders from establishing residency within a "buffer zone"
around schools, parks and other locations. Such laws have been challenged if
the law attempts to impose the restrictions on residents who have established
residency prior to adoption of the restrictions. In the 2007 Georgia Supreme
Court decision, Mann v. Georgia Dept of Corrections, the court struck down
Georgia's statute on regulatory takings grounds because it required a sex
offender to move from his home without compensation when a day care center
opened nearby. In other states, residency restrictions have been struck down for
imposing retroactive punishments in violation of state constitutional prohibitions
on ex post facto punishments.
In November 2006, following the lead of other states, California passed
Proposition 83, also known as the "Sexual Predator Punishment and Control Act"
or "Jessica's Law." Among other provisions, Proposition 83 increased the
penalties for violations of the sex offender registry provisions and required sex
offenders to carry GPS devices for life. Relevant here are:
1. Penal Code §3003.5(b), which provides it is unlawful for a person who
has been convicted of certain sex offenses to reside within 2000 feet of
any public or private school, or park where children regularly gather;
and
Page 3
2. Penal Code §3003.5(c), which authorizes cities to enact local
ordinances that further restrict the residency of any registered sex
offender.
FINANCIAL IMPACT
There are no direct costs associated with the adoption of the ordinance. However,
enforcement could have a financial impact on the City.
RECOMMENDATION
Staff recommends amending the municipal code adding Chapter 7.65 -
Residency Restrictions on Registered Sex Offenders to Title 7 (Public Peace,
Morals, and Welfare) by:
1. Adopting Urgency Ordinance No. 1597 -U; and
2. Introduce for first reading Ordinance No. 1597.
SUBMITTED BY: NOTED AND APPROVED:
i
J KWtpatrick, Chief of Police David N. Carmehy, City Manager
Attachments:
A. Urgency Ordinance No. 1597 -U
B. Ordinance No. 1597
ORDINANCE NUMBER 1 597 - U
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 7.65 TO THE SEAL BEACH MUNICIPAL CODE
REGARDING RESIDENCY RESTRICTIONS ON REGISTERED
SEX OFFENDERS PURSUANT TO CALIFORNIA PENAL CODE
SECTION 3003.6(C) AND DECLARING THE URGENCY
THEREOF
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 is concerned about recent occurrences in California and
elsewhere, where convicted sex offenders who have been released from custody
repeat the unlawful acts for which they had originally been convicted; and
WHEREAS, convicted sex offenders pose a clear threat to children in the City,
which is an attractive place for families with children to reside; and
WHEREAS, Section 290 of the California Penal Code requires that any person
determined to have committed certain offenses must register with the chief of
police of the community in which he or she resides; and
WHEREAS, Section 3003.5(b) of the California Penal Code provides it is
unlawful for a person who has been convicted of certain sex offenses to reside
within 2000 feet of any public or private school, or park where children regularly
gather; and
WHEREAS, the voters of the State of California adopted Proposition 83, adding
Penal Code Section 3003.5(c) which authorizes municipal jurisdictions to enact
local ordinances that further restrict the residency of any person who is required
to register as a sex offender pursuant to Penal Code Section 290; and
WHEREAS, pursuant to Penal Code Section 3003.5(c) and the City Charter, the
Seal Beach City Council desires to impose safety precautions in furtherance of
its goal to protect children located in the City by prohibiting convicted sex
offenders from establishing residence in areas around schools, parks, child care
centers and other places where children regularly gather; and
WHEREAS, the City has the authority under its Charter and applicable state law
to protect children from the danger presented by the presence of sexual
offenders by enacting stricter residency restrictions for registered sex offenders
for the purpose of providing protection and not for the purpose of additional
punishment; and
WHEREAS, this Ordinance is not intended to conflict with, but rather, to
supplement, applicable State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 7.65 is hereby added to Title 7 (Public Peace, Morals and
Welfare) of the Seal Beach Municipal Code to read as follows:
Ordinance Number 1597 -U
"Chapter 7.65
Residency Restrictions on Registered Sex Offenders
§ 7.65.005 Definitions.
For the purposes of this chapter, the words and phrases set forth in this section
shall mean:
A. Child or Children: Any person(s) under the age of 18.
B. Child Care Center: Any State of California, Department of Social
Services, licensed facility that provides non - medical care to children in need of
personal services, supervision or assistance essential for sustaining the activities
of daily living or for the protection of the individual on a less than twenty -four hour
basis, family day care home, infant center, preschool, extended day care facility,
school -age child care center, foster family day care home, day care home or day
nursery.
C. Dwelling: Any single family residence, dwelling unit, duplex, triplex,
multiple dwelling, multiple - family dwelling, apartment, roominghouse, second
unit, residential condominium, residential board and care home, rest home,
convalescent home, nursing home, home for the aged, guest home, assisted
care facility, group home, bed and breakfast facility, hotel, motel, trailer park,
trailer court, public camp or mobile home park.
D. Park: Any park, playground, public swimming pool, athletic field,
nature trail, off -road bicycle trail, basketball or tennis court, skateboard park,
recreational facility, or area open to the public use for recreational, cultural, and
community service activities which is under the control, operation or
management of a city, county or any other public agency.
E. Registered Sex Offender: Any person required to register with
the chief of police of the city in which he or she is residing, or the sheriff of the
county if he or she is residing in an unincorporated area or city that has no police
department, pursuant to the Sex Offender Registration Act (Penal Code §§ 290
to 290.023, inclusive).
F. Residency: Establishing, with the intent to remain, occupancy in a
Dwelling.
G. Residential Exclusion Zone: The protected area wherein registered
sex offenders may not establish temporary or permanent residence.
H. Sex Offender: Any person for whom registration is required
pursuant to California Penal Code § 290, regardless of whether that person is on
parole or probation.
I. Temporary Residency: Occupying a Dwelling for a period of 30
days or less.
J. School: Any public, parochial, private school or educational
institution serving any or all of the grades of pre- kindergarten through grade 12,
including but not limited to, an elementary, junior high, four -year, senior high,
opportunity, continuation, regional occupational center, evening, charter or
technical school.
§ 7.65.010 Residency Restriction.
It is unlawful for any Registered Sex Offender to establish his or her Residency
or Temporary Residency within 2,000 feet of a School, Park, Child Care Center
or public library. The distances specified in this Section shall be measured in a
PD - Ord #1597 -U- Sex Offender Ordinance Urgency (item S)
Ordinance Number 1597 -U
straight line, without regard for intervening structures and the boundaries of the
City, from the nearest property line of the property upon which the Dwelling is
located to the nearest property line of the School, Park, Child Care Center or
public library. Further, any parcels partially included within the Residential
Exclusion Zone shall be considered to be wholly included within said Residential
Exclusion Zone.
§7.65.015 Residency with Other Registered Sex Offenders.
It is unlawful for any Registered Sex Offender to establish Residency or
Temporary Residency in a Dwelling already occupied by a Registered Sex
Offender, unless the Registered Sex Offenders are legally related by blood,
marriage or adoption. It is unlawful for any person to allow any Registered Sex
Offender to establish Residency or Temporary Residency in a Dwelling already
occupied by a Registered Sex Offender, unless the Registered Sex Offenders
are legally related by blood, marriage or adoption.
§ 7.65.020 Penalties.
Any person violating any of the provisions of this Chapter shall be guilty of a
misdemeanor, and upon conviction thereof, the penalty shall be a fine of not
more than $1,000.00 or imprisonment in jail for a period of not more than six
months or by both such fine and imprisonment.
§ 7.65.025 State Law.
Nothing in this Chapter is intended to supersede or replace any provision of State
law regarding residency restrictions or registration requirements for registered
sex offenders."
SECTION 2 . This ordinance is adopted as an urgency ordinance pursuant to
Seal Beach City Charter Section 412 and California Government Code Section
36937(b). The City Council hereby declares that this ordinance is necessary as
an emergency measure for preserving the public peace, welfare and safety. A
need has arisen to protect the children residing in the City from the dangers
posed by registered sex offenders residing near locations where children
congregate. It is necessary for the immediate preservation of the public peace,
health, and safety that this Ordinance take effect immediately. Based upon the
foregoing, this Ordinance shall take effect immediately.
SECTION 3 . If any part of this Ordinance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, for any reason, such
decision shall not affect the validity of the remaining portions of this Ordinance
and this City Council hereby declares that it would have passed the remainder of
this Ordinance if such invalid or unconstitutional portion thereof had been
deleted.
SECTION 4 . The City Clerk shall certify to the adoption of this Ordinance and
the City Clerk shall cause this Ordinance to be posted or published as prescribed
by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 14th day of June , 2010.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
uinn M. Barrow, City Attorney
PD - Ord #1597 -U- Sex Offender Ordinance Urgency (item S)
Ordinance Number 1597 -U
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Urgency Ordinance Number
1597 -U on file in the office of the City Clerk, passed, approved and adopted by the
City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 14th day of June , 2010
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Urgency Ordinance Number 1597 -U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
PD - Ord #1597 -U- Sex Offender Ordinance Urgency (item S)
ORDINANCE NUMBER 1597
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 7.65 TO THE SEAL BEACH MUNICIPAL CODE
REGARDING RESIDENCY RESTRICTIONS ON REGISTERED
SEX OFFENDERS PURSUANT TO CALIFORNIA PENAL CODE
§ 3003.5(C)
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 is concerned about recent occurrences in California and
elsewhere, where convicted sex offenders who have been released from custody
repeat the unlawful acts for which they had originally been convicted; and
WHEREAS, convicted sex offenders pose a clear threat to children in the City,
which is an attractive place for families with children to reside; and
WHEREAS, Section 290 of the California Penal Code requires that any person
determined to have committed certain offenses must register with the chief of
police of the community in which he or she resides; and
WHEREAS, Section 3003.5(b) of the California Penal Code provides it is
unlawful for a person who has been convicted of certain sex offenses to reside
within 2000 feet of any public or private school, or park where children regularly
gather; and
WHEREAS, the voters of the State of California adopted Proposition 83, adding
Penal Code Section 3003.5(c) which authorizes municipal jurisdictions to enact
local ordinances that further restrict the residency of any person who is required
to register as a sex offender pursuant to Penal Code Section 290; and
WHEREAS, pursuant to Penal Code Section 3003.5(c) and the City Charter, the
Seal Beach City Council desires to impose safety precautions in furtherance of
its goal to protect children located in the City by prohibiting convicted sex
offenders from establishing residence in areas around schools, parks, child care
centers and other places where children regularly gather, and
WHEREAS, the City has the authority under its Charter and applicable state law
to protect children from the danger presented by the presence of sexual
offenders by enacting stricter residency restrictions for registered sex offenders
for the purpose of providing protection and not for the purpose of additional
punishment; and
WHEREAS, this Ordinance is not intended to conflict with, but rather, to
supplement, applicable State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 7.65 is hereby added to Title 7 (Public Peace, Morals and
Welfare) of the Seal Beach Municipal Code to read as follows:
Ordinance Number 1597
"Chapter 7.65
Residency Restrictions on Registered Sex Offenders
§ 7.65.005 Definitions.
For the purposes of this chapter, the words and phrases set forth in this section
shall mean:
A. Child or Children: Any person(s) under the age of 18.
B. Child Care Center: Any State of California, Department of Social
Services, licensed facility that provides non - medical care to children in need of
personal services, supervision or assistance essential for sustaining the activities
of daily living or for the protection of the individual on a less than twenty -four hour
basis, family day care home, infant center, preschool, extended day care facility,
school -age child care center, foster family day care home, day care home or day
nursery.
C. Dwelling: Any single family residence, dwelling unit, duplex, triplex,
multiple dwelling, multiple - family dwelling, apartment, roominghouse, second
unit, residential condominium, residential board and care home, rest home,
convalescent home, nursing home, home for the aged, guest home, assisted
care facility, group home, bed and breakfast facility, hotel, motel, trailer park,
trailer court, public camp or mobile home park.
D. Park: Any park, playground, public swimming pool, athletic field,
nature trail, off -road bicycle trail, basketball or tennis court, skateboard park,
recreational facility, or area open to the public use for recreational, cultural, and
community service activities which is under the control, operation or
management of a city, county or any other public agency.
E. Registered Sex Offender: Any person required to register with
the chief of police of the city in which he or she is residing, or the sheriff of the
county if he or she is residing in an unincorporated area or city that has no police
department, pursuant to the Sex Offender Registration Act (Penal Code §§ 290
to 290.023, inclusive).
F. Residency: Establishing, with the intent to remain, occupancy in a
Dwelling.
G. Residential Exclusion Zone: The protected area wherein registered
sex offenders may not establish temporary or permanent residence.
H. Sex Offender: Any person for whom registration is required
pursuant to California Penal Code § 290, regardless of whether that person is on
parole or probation.
I. Temporary Residency: Occupying a Dwelling for a period of 30
days or less.
J. School: Any public, parochial, private school or educational
institution serving any or all of the grades of pre- kindergarten through grade 12,
including but not limited to, an elementary, junior high, four -year, senior high,
opportunity, continuation, regional occupational center, evening, charter or
technical school.
§ 7.65.010 Residency Restriction.
It is unlawful for any Registered Sex Offender to establish his or her Residency
or Temporary Residency within 2,000 feet of a School, Park, Child Care Center
or public library. The distances specified in this Section shall be measured in a
1234451_1
Ordinance Number 1597
straight line, without regard for intervening structures and the boundaries of the
City, from the nearest property line of the property upon which the Dwelling is
located to the nearest property line of the School, Park, Child Care Center or
public library. Further, any parcels partially included within the Residential
Exclusion Zone shall be considered to be wholly included within said Residential
Exclusion Zone.
§7.66.015 Residency with Other Registered Sex Offenders.
It is unlawful for any Registered Sex Offender to establish Residency or
Temporary Residency in a Dwelling already occupied by a Registered Sex
Offender, unless the Registered Sex Offenders are legally related by blood,
marriage or adoption. It is unlawful for any person to allow any Registered Sex
Offender to establish Residency or Temporary Residency in a Dwelling already
occupied by a Registered Sex Offender, unless the Registered Sex Offenders
are legally related by blood, marriage or adoption.
§ 7.65.020 Penalties.
Any person violating any of the provisions of this Chapter shall be guilty of a
misdemeanor, and upon conviction thereof, the penalty shall be a fine of not
more than $1,000.00 or imprisonment in jail for a period of not more than six
months or by both such fine and imprisonment.
§ 7.65.025 State Law.
Nothing in this Chapter is intended to supersede or replace any provision of State
law regarding residency restrictions or registration requirements for registered
sex offenders."
SECTION 2 . This ordinance is adopted as an urgency ordinance pursuant to
Seal Beach City Charter Section 412 and California Government Code Section
36937(b). The City Council hereby declares that this ordinance is necessary as
an emergency measure for preserving the public peace, welfare and safety. A
need has arisen to protect the children residing in the City from the dangers
posed by registered sex offenders residing near locations where children
congregate. It is necessary for the immediate preservation of the public peace,
health, and safety that this Ordinance take effect immediately. Based upon the
foregoing, this Ordinance shall take effect immediately.
SECTION 3 . If any part of this Ordinance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, for any reason, such
decision shall not affect the validity of the remaining portions of this Ordinance
and this City Council hereby declares that it would have passed the remainder of
this Ordinance if such invalid or unconstitutional portion thereof had been
deleted.
SECTION 4 . The City Clerk shall certify to the adoption of this Ordinance and
the City Clerk shall cause this Ordinance to be posted or published as prescribed
by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of , 2010.
Mayor
ATTEST:
City Clerk
1234451_1
Ordinance Number 1597
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 14th day of June , 2010 and was passed, approved and adopted by the
City Council at a regular meeting held on the day of ,2010 by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1597 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
1234451_1