50A - ORDINANCE - SEX OFFENDERS - Laserfiche WebLink

Home Browse Search

(1) Upon a first conviction, by imprisonment in a county jail for a period of not more than six (6) months, or by a fine not exceeding five hundred dollars ($500.00), or by both imprisonment and a fine. (2) Upon a second conviction, by imprisonment in a county jail for a period of not less than ten (10) days and not more than six (6) months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she. has served not less than ten (10) days. (3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than ninety (90) days and not more than six (6) months, or by both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ninety (90) days. (Ord. No. 11-012, § 1, 4-5-11) Definitions There are two main terms to define: 1) park; and 2) the administrative official from whom written permission must be obtained. Some local jurisdictions may choose to leave the term as drafted without further definition. Relevant State law provisions do not define the term "park." (Penal Code § 3003.5 [precludes sex registrants from residing within 2000 feet of a "park where children regularly gather"]; Chelsea's Law (Penal Code § 647.9) [would preclude certain parolees from entering "any park where children regularly gather'].) Some local jurisdictions may want to further define the term. Some cities have local ordinances defining the term "park." For example, Grover Beach defines a "park" as "any city, county, school district, state or federal public park or playground where children are likely to be." Santa Clarita states a "'[p]ark' shall include any areas owned, leased controlled, maintained, or managed by a public entity which are open to the public where children regularly gather and which provide recreational, cultural, and/or community service activities including, but not limited to, playgrounds, playfields, athletic courts, trails, paseos, and open space." Huntington Beach states a "'[p]ark' includes every park, recreation center, lake, pond or other body of water, riding and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled by the City and under jurisdiction of the Director." Each local jurisdiction should decide whether it wishes to further define the term "park" depending upon its particular circumstances. Orange County chose to define the area as places where "children regularly gather" and specifically named certain places. Similarly, each local jurisdiction should consider the appropriate entity from where permission must be obtained before a sex registrant can enter a park. The appropriate person may vary depending upon how the local jurisdiction is organized. In Orange County, the Beard of Supervisors believed that the Orange County Sheriff, who has investigative and authority and patrol responsibility in the defined areas, would be in the best position to give exemptions. The court may imply knowledge (scienter) element to the crime. A court would require evidence showing the defendant knew or reasonably should have known the "park" was a place where children regularly gather. 5OA-9