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I. The City Council further finds that sex offenders pose a high risk of re- offending, and protecting the public from sex offenders is the primary governmental interest of this ordinance. J. In adopting this ordinance, the City Council does not seek to create anything other than a regulatory scheme designed to protect the public from harm. It is the City Council's goal to be remedial rather than punitive, to exclude sex offenders from small portions of the City and not to punish them. K. In establishing this regulatory scheme, those sex offenders subject to it shall be provided with clear and unambiguous notice of this ordinance's requirements and the penalties for noncompliance. The City Council finds that timely and direct notice serves to apprise individuals of their responsibilities and to ensure compliance with the regulatory scheme. L. Nothing in this regulatory scheme is meant to restrict a sex offender's place of residence as long as a sex offender is not engaged in any of the prohibited activities in a restricted area. M. The City Council finds that the restrictions imposed by this ordinance are narrowly tailored to achieve a compelling governmental interest. N. The Request for Council Action for this ordinance dated May 1, 2006, and the Chief of Police written recommendation dated April 27, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the findings for this ordinance. Section 2. Article XII is hereby added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Article XII. Proximity Restrictions for Registered Sex Offenders to Children's Facilities Section 10-700. Purpose. Sex offenders pose a clear threat to the children residing in, or visiting our community. Because convicted sex offenders are more likely than any other type offender to re- offend for another sexual assault, the City Council of the City of Santa Ana desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children of our community by impacting the ability for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by children, namely, the grounds of a school, a center or facility that provides day care or children's services, and a park. The City of Santa Ana desires to add location restrictions to such offenders where the state law is silent. Ordinance No. NS-2712 Page 2 of 5