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TLJ 5/29/12 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 15, 2006, the City Council of the City of Santa Ana (the "City Council ") adopted Ordinance No. NS -2712, adding Article XII, sections 10 -700 to 10 -703 to the Santa Ana Municipal Code, thereby regulating the proximity of registered sex offenders to children's facilities. B. The City Council continues to place a high priority on maintaining public safety and finds that registered sex offenders pose a clear threat to children residing in or visiting the City. C. Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances that regulate conditions that may be public nuisances or health hazards, or that promote social, economic or aesthetic considerations. D. Sex offenders have high recidivism rates that exceed those exhibited by other convicted criminals. The City Council must therefore take all necessary action to protect children and potential victims from these dangerous predators. E. The City Council is concerned about the high rate of recidivism among sex offenders and their dangerousness as a class. The City Council takes legislative notice of the November 2003 report issued by the U.S. Department of Justice, Bureau of Justice Statistics entitled, "Recidivism of Sex Offenders Released from Prison in 1994." A fifteen (15) state study of prisoners released in 1994 showed that when compared to non -sex offenders released from state prison, released sex offenders were four times more likely to Ordinance No. NS -XXX Page 1 of 9 11 A -1