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<br /> <br /> <br /> <br /> <br /> Sec. 3-18-4. - Penalties for violation. <br /> Punishment for a violation of this article shall be as follows: <br /> (1) Upon a first conviction, by imprisonment in a county jail for a period of not more <br /> than six (6) months, or by a fine not exceeding five hundred dollars ($500.00), or <br /> by both imprisonment and a fine. <br /> (2) Upon a second conviction, by imprisonment in a county jail for a period of not <br /> less than ten (10) days and not more than six (6) months, or by both <br /> imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a <br /> second conviction, however, the person shall not be released on probation, <br /> parole, or any other basis until he or she has served not less than ten (10) days. <br /> (3) Upon a third or subsequent conviction, by imprisonment in a county jail for a <br /> period of not less than ninety (90) days and not more than six (6) months, or by <br /> both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon <br /> a third or subsequent conviction, however, the person shall not be released on <br /> probation, parole, or any other basis until he or she has served not less than <br /> ninety (90) days. <br /> (Ord- No. 11-012, § 1, 4-5-11) <br /> Definitions <br /> There are two main terms to define: 1) park; and 2) the administrative official from whom written <br /> permission must be obtained. <br /> Some local jurisdictions may choose to leave the term as drafted without further definition- <br /> Relevant State law provisions do not define the term "park." (Penal Code § 3003.5 [precludes <br /> sex registrants from residing within 2000 feet of a "park where children regularly gather"]; <br /> Chelsea's Law (Penal Code § 647.9) [would preclude certain parolees from entering "any park <br /> where children regularly gather'].) <br /> Some local jurisdictions may want to further define the term. Some cities have local ordinances <br /> defining the term "park." For example, Grover Beach defines a "park" as "any city, county, <br /> school district, state or federal public park or playground where children are likely to be." Santa <br /> Clarita states a "'[p]ark' shall include any areas owned, leased controlled, maintained, or <br /> managed by a public entity which are open to the public where children regularly gather and <br /> which provide recreational, cultural, and/or community service activities including, but not limited <br /> to, playgrounds, playfields, athletic courts, trails, paseos, and open space-" Huntington Beach <br /> states a "'[p]ark' includes every park, recreation center, lake, pond or other body of water, riding <br /> and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled <br /> by the City and under jurisdiction of the Director." Each local jurisdiction should decide whether <br /> it wishes to further define the term "park" depending upon its particular circumstances. Orange <br /> County chose to define the area as places where "children regularly gather" and specifically <br /> named certain places. <br /> Similarly, each local jurisdiction should consider the appropriate entity from where permission <br /> must be obtained before a sex registrant can enter a park. The appropriate person may vary <br /> depending upon how the local jurisdiction is organized. In Orange County, the Board of <br /> Supervisors believed that the Orange County Sheriff, who has investigative and authority and <br /> patrol responsibility in the defined areas, would be in the best position to give exemptions. <br /> 8 <br /> 5OA-24 <br />