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ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA REPEALING CHAPTER 10, <br />ARTICLE XII OF THE SANTA ANA MUNICIPAL <br />CODE PERTAINING TO PROXIMITY OF <br />REGISTERED SEX OFFENDERS TO CHILDREN'S <br />FACILITIES <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. On June 4, 2012 the City Council of the City of Santa Ana (the "City <br />Council ") adopted Ordinance No. NS -2832, amending Article XII, <br />sections 10 -700 to 10 -706 to the Santa Ana Municipal Code, <br />thereby adding additional regulations which restrict the proximity of <br />registered sex offenders to children's facilities. <br />B. The California Court of Appeal decisions in People v. Godinez <br />(2014) WL 99188 and People v. Nguyen (2014) 222 Cal.AppAth <br />1168, held that local ordinances regulating and restricting access to <br />parks and other public facilities by registered sex offenders conflict <br />with, and are preempted by, California state law because of the <br />comprehensive regulatory scheme set forth in the California Penal <br />Code (including Penal Code §§ 290 through 294 and Penal Code <br />§§ 626.81, 653b, 653c, 3000.07, 3003.5, 3004, and 3053.8). <br />C. On April 23, 2014, the California Supreme Court denied the petition <br />for review of the Court of Appeal decisions in Godinez and Nguyen. <br />As a result, the Court of Appeal rulings are final. <br />D. Chapter 10, Article XII of the Santa Ana Municipal Code restricts <br />sex offenders from accessing certain public facilities in a manner <br />similar to those ordinances at issue in both the Godinez and <br />Nguyen cases. Because both of these ordinances were invalidated <br />based on preemption grounds, the Santa Ana restrictions are <br />effectively preempted as well. <br />E. The City Council of Santa Ana thus hereby adopts this Ordinance <br />to conform to the California Court of Appeal decisions and to avoid <br />litigation with any person or organization seeking repeal of city <br />Ordinance No. NS -XXX <br />Page 1 of 7 50A-3 <br />