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Ex Post Facto An impermissible ex post facto law is one which makes more burdensome the punishment for a crime after its commission. (/n re E_J., supra, 47 Cal.4th 1258, 1279.) Because the child safety zone laws would not be applied retroactively, they would not raise ex post facto issues. (/n re E.J., supra, 47 CalAth 1258, 1279-1280 [ex post facto only applies to laws applied retroactively].) Will enactment of such an ordinance create a cause of action if a registered sex offender does harm a child at a park where there is such an ordinance? Government Code section 845 Failure to provide any or adequate police protection; Responding to alarm states as follow: Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service. A police department shall not fail to respond to a request for service via a burglar alarm system or an alarm company referral service solely on the basis that a permit from the city has not been obtained. PRACTICAL ISSUE CONSIDERED What resources will the enactment of this ordinance take away from police? The OCDA believes the enactment of this ordinance will cause a minimal shift in resources. A typical scenario would be a parent calling the police when they see a person acting suspiciously in a park around children. This law is an additional tool for law enforcement to contact and arrest registered sex offenders in parks where children regularly gather. It should be noted that since the passage of the County Ordinance, the OCSD has had 14 requests by sex offenders. One waiver has been granted- ORANGE COUNTY ORDINANCE Sec. 3-18-1. - Purpose and intent. It is the purpose and intent of this article to protect children from registered sex offenders by restricting sex offenders' access to locations where children regularly gather. It is intended to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with children. It is further the intent of this article to provide additional restrictions beyond those provided for in state law by restricting sex offenders from certain limited locations, and by allowing for criminal penalties for violations of this article. It is not the intent of this article to allow conduct otherwise prohibited by state law, or to contradict state law. Orange County Parks are recognized by the County of Orange Board of Supervisors as locations where children regularly gather. (Ord. No. 11-012, § 1, 4-5-11) Sec. 3-18-3. - Prohibitions. Any person required to register pursuant to California Penal Code sections 290, et seq. who enters into or upon any Orange County Park where children regularly gather without written permission from the Orange County Sheriff or SherifF s designee is guilty of a misdemeanor. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this article. (Ord. No. 11 -0 12, § 1. 4-5-11 ) 7 5OA-23