HomeMy WebLinkAbout11A - ORD - REPEAL RESTRICTIONS SEX OFFENDERSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 17, 2014
TITLE:
ORDINANCE SECOND READING:
ORDINANCE REPEALING SANTA ANA
MUNICIPAL CODE CHAPTER 10, ARTICLE
XII, PERTAINING TO PROXIMITY
RESTRICTIONS FOR REGISTERED SEX
OFFENDERS TO CHILDREN'S FACILITIES
CITY MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
On June 3, 2014, the City Council introduced first reading and authorized publication of title for
the following Ordinance by a vote of 5- 0(Martinez and Sarmiento absent):
ORDINANCE NS -2862 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S
FACILITIES
FISCAL IMPACT
There is no fiscal impact associated with this action.
l_
Maria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS -2862
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ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING 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 June 4, 2012 the City Council of the City of Santa Ana (the "City
Council ") adopted Ordinance No. NS -2832, amending Article XII,
sections 10 -700 to 10 -706 to the Santa Ana Municipal Code,
thereby adding additional regulations which restrict the proximity of
registered sex offenders to children's facilities.
B. The California Court of Appeal decisions in People v. Godinez
(2014) WL 99188 and People v. Nguyen (2014) 222 Cal.AppAth
1168, held that local ordinances regulating and restricting access to
parks and other public facilities by registered sex offenders conflict
with, and are preempted by, California state law because of the
comprehensive regulatory scheme set forth in the California Penal
Code (including Penal Code §§ 290 through 294 and Penal Code
§§ 626.81, 653b, 653c, 3000.07, 3003.5, 3004, and 3053.8).
C. On April 23, 2014, the California Supreme Court denied the petition
for review of the Court of Appeal decisions in Godinez and Nguyen.
As a result, the Court of Appeal rulings are final.
D. Chapter 10, Article XII of the Santa Ana Municipal Code restricts
sex offenders from accessing certain public facilities in a manner
similar to those ordinances at issue in both the Godinez and
Nguyen cases. Because both of these ordinances were invalidated
based on preemption grounds, the Santa Ana restrictions are
effectively preempted as well.
E. The City Council of Santa Ana thus hereby adopts this Ordinance
to conform to the California Court of Appeal decisions and to avoid
litigation with any person or organization seeking repeal of city
Ordinance No. NS -XXX
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ordinances which are not consistent with the rulings of the Godinez
and Nguyen cases.
Section 2. Chapter 10, Article XII of the Santa Ana Municipal Code is
hereby deleted in its entirety to read as follows:
Secs. 10- 700 -10 -706. Reserved.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
AYES:
NOES:
ABSTAIN
NOT PRESENT:
Ordinance No. NS -XXX
Page 2 of 3
Councilmembers
Councilmembers
Councilmembers
Councilmembers
QQE!
Miguel A. Pulido
Mayor
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on June 17, 2014, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
Page 3 of 3
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