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Home My WebLink AboutCC AG PKT 2010-07-12 #QAGENDA STAFF REPORT DATE: July 12, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jeffrey C. Kirkpatrick, Chief of Police SUBJECT: SEX OFFENDER RESIDENCY RESTRICTIONS SUMMARY OF REQUEST: Waive further reading and adopt Ordinance No. 1597 amending the municipal code adding Chapter 7.65 - Residency Restrictions on Registered Sex Offenders to Title 7 (Public Peace, Morals, and Welfare) BACKGROUND: The City Council considered this matter on June 14, 2010 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: There are no direct costs associated with the adoption of the ordinance. However, enforcement could have a financial impact on the City. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1597. SUBMITTED BY: NOTED AND APPROVED: ' JeffF6-'y C. Kirkpatrick, Ch' o olice David Carmany, City Manager Attachments: A. Ordinance No. 1597 Agenda Item Q 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. §7.65.015 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 . Upon the effective date of this Ordinance No. 1597, Ordinance No. 1597 -U shall have no force and effect. 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 12th day of July , 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 12th day of July 1 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