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50A - ORDINANCE - SEX OFFENDERS
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05/21/2012
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50A - ORDINANCE - SEX OFFENDERS
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Last modified
5/17/2012 1:48:22 PM
Creation date
5/17/2012 1:44:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
50A
Date
5/21/2012
Destruction Year
2017
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<br /> <br /> <br /> <br /> <br /> Will enactment of such an ordinance create a cause of action if a registered sex offender <br /> does harm a child at a park where there is such an ordinance? <br /> Government Code section 845 - Failure to provide any or adequate police protection; <br /> Responding to alarm states as follow: <br /> Neither a public entity nor a public employee is liable for failure to establish a police department <br /> or otherwise to provide police protection service or, if police protection service is provided, for <br /> failure to provide sufficient police protection service. <br /> A police department shall not fail to respond to a request for service via a burglar alarm system <br /> or an alarm company referral service solely on the basis that a permit from the city has not been <br /> obtained. <br /> PRACTICAL ISSUE CONSIDERED <br /> What resources will the enactment of this ordinance take away from police? The OCDA <br /> believes the enactment of this ordinance will cause a minimal shift in resources. A <br /> typical scenario would be a parent calling the police when they see a person acting <br /> suspiciously in a park around children. This law is an additional tool for law <br /> enforcement to contact and arrest registered sex offenders in parks where children <br /> regularly gather. Since the passage of the County Ordinance, the OCSD had 10 <br /> requests by eight sex offenders. One waiver has been granted. <br /> ORANGE COUNTY ORDINANCE <br /> Sec. 3-18-1. - Purpose and intent. <br /> It is the purpose and intent of this article to protect children from registered sex <br /> offenders by restricting sex offenders' access to locations where children regularly <br /> gather. It is intended to reduce the risk of harm to children by impacting the ability of sex <br /> offenders to be in contact with children. It is further the intent of this article to provide <br /> additional restrictions beyond those provided for in state law by restricting sex offenders <br /> from certain limited locations, and by allowing for criminal penalties for violations of this <br /> article. It is not the intent of this article to allow conduct otherwise prohibited by state <br /> law, or to contradict state law. Orange County Parks are recognized by the County of <br /> Orange Board of Supervisors as locations where children regularly gather. <br /> (Ord. No. 11 -0 12, § 1, 4-5-11) <br /> Sec_ 3-18-3. - Prohibitions. <br /> Any person required to register pursuant to California Penal Code sections 290, et seq. <br /> who enters into or upon any Orange County Park where children regularly gather without <br /> written permission from the Orange County Sheriff or Sheriff's designee is guilty of a <br /> misdemeanor. Each entry into any such area, regardless of the time period between <br /> entries, shall constitute a separate offense under this article. <br /> (Ord. No. 11-012, § 1. 4-5-11 ) <br /> Sec. 3-18-4. - Penalties for violation. <br /> Punishment for a violation of this article shall be as follows: <br /> 5OA-8 <br />
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