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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />JUNE 3, 2014 <br />TITLE: <br />ORDINANCE REPEALING SANTA ANA <br />MUNICIPAL CODE CHAPTER 10, ARTICLE <br />XII, PERTAINING TO PROXIMITY <br />RESTRICTIONS FOR REGISTERED SEX <br />OFFENDERS TO CHILDREN'S FACILITIES <br />CITY MAN ER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2 "d Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Approve for introduction an Ordinance repealing Chapter 10, Article XII, of the Santa Ana <br />Municipal Code, pertaining to the proximity restrictions of registered sex offenders to children's <br />facilities. <br />DISCUSSION <br />On June 4, 2012, the City of Santa Ana adopted Ordinance No. NS -2832, which amended the <br />City's sex offender regulations to include greater restrictions. This additional language was based <br />largely on a sex offender restriction ordinance passed by the County of Orange in April 2011. <br />(Ordinance 3- 18 -3.) <br />The Santa Ana Ordinance restricted sex offenders from being on or within 300 feet of a <br />"children's facility," park, or school within the city. "Children's facilities" include public and private <br />schools for minors, commercial day care centers, city parks, the Discovery Science Center, the <br />Bowers Kidseum, the McFadden Learning Center, and the Newhope Branch library. "Sex <br />offenders" included those required to register with a government entity when the offense involved <br />children, as well as those required to register as a sex offender pursuant to California Penal Code <br />§§ 290, et seq. <br />At the time the Ordinance was adopted, many other cities in Orange County had either adopted <br />similar ordinances or were in the process of doing so. <br />The validity of local sex offender ordinances similar to those adopted by Santa Ana has been <br />placed in question due to recent decisions issued by the California Court of Appeal. In both <br />50A -1 <br />