HomeMy WebLinkAbout22-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO ADDING CHAPTER 9.97
TO THE SAN BERNARDINO MUNICIPAL
CODE REGARDING PROHIBITION OF SEX
OFFENDERS FROM RESIDING WITHIN 2000
FEET OF ANY PUBLIC OR PRIVATE
SCHOOL, PARK OR OTHER PLACE WHERE
CHILDREN REGULARLY GATHER
Dept: City Attorney
Date: October 16, 2006 ORIGINAL
Synopsis of Previous Council action: None.
Recommended motion: That said Ordinance be referred to the Legislative Review Committee.
Signature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount: NONE
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. ,,
/0 114 /off
STAFF REPORT
Council Meeting Date:
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: October 11,2006
AGENDA: October 16, 2006
Sex offenders have very high recidivism rates and are the least likely to be cured and the
most likely to reoffend and they prey on innocent members of our society. More than two-thirds
of the victims of rape and sexual assault are under the age of 18. Sex Offenders have a
dramatically higher recidivism rate for their crimes than any other type of violent felon.
Therefore it is necessary to enact this ordinance to better protect the citizens of the City of San
Bernardino.
This ordinance will prohibit any person convicted of a sex offense and required to register
pursuant to Penal Code §290 from establishing residency within 2000 feet of any public or
private school, park, designated public school bus stop, day care center, park playground, or other
place where children regularly congregate. The ordinance will also make it a misdemeanor for
any person to knowingly rent to a sex offender any place that is within 2000 feet of any public or
private school, park, designated public school bus stop, day care center, park playground, or other
place where children regularly congregate. This ordinance will better protect the city's citizens,
their children and the community safe from the threat posed by sex offenders. It also provides
that if a property owner becomes aware of the tenant's status as a registered sex offender that the
owner must initiate formal court eviction proceedings within 20 days of obtaining that
knowledge. Violation of this section will also be a misdemeanor. Any person found to be in
violation of this ordinance will be guilty of a misdemeanor, punishable by up to 6 months in jail
and/or $1000.00 fine.
City Attorney
1 ORDINANCE NO. T
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
4 9.97 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITION OF
5 SEX OFFENDERS FROM RESIDING WITHIN 2000 FEET OF ANY PUBLIC OR
6 PRIVATE SCHOOL, PARK OR OTHER PLACE WHERE CHILDREN REGULARLY
7 GATHER
8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
9 DO ORDAIN AS FOLLOWS:
10 SECTION 1. Chapter 9.97 is hereby added to the San Bernardino Municipal
11 Code to read as follows:
12 CHAPTER 9.97 SEXUAL OFFENDERS
13 9.97.010 Findings and Intent.
14 (A) Repeat sexual offenders, sexual offenders who use physical violence, and sexual
15 offenders who prey on children are sexual offenders who present an extreme threat to the public
16 safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses,
17 and most sexual offenders commit many offenses,have many more victims than are ever reported,
18 and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender
19 vicitimization to society at large, while incalculable, clearly exorbitant.
20 (B) It is the intent of this Chapter to serve the city's compelling interest to promote,
21 protect, and improve the health, safety, and welfare of the citizens of the City by creating areas
22 around locations where children regularly congregate in concentrated numbers wherein certain
23 sexual offenders and sexual predators are prohibited from establishing temporary or permanent
24 residence.
25 9.97.020 Definitions.
26 The following words, terms, and phrases, when used in this Chapter, shall have the
27 meanings ascribed to them in this section, except where the context clearly indicates a different
28 meaning:
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City Attorney
1 "Permanent residence"means a place where the person abides, lopes or R�dFfTl4
p g
2 or more consecutive days.
3 "Temporary residence" means a place where the person abides, lodges, or resides for a
4 period of 14 or more days in the aggregate during any calendar year and which is not the person's
5 permanent address,or a place where the person routinely abides, lodges, or resides for a period of
6 4 or more consecutive or nonconsecutive days in any month and which is not the person's
7 permanent residence.
8 9.97.030 Sexual Offender Residence Prohibition.
9 (A) It is unlawful for any person who has been convicted of a crime for which he/she
10 is required to register pursuant to California Penal Code Section 290 to establish a permanent
11 residence or temporary residence within 2000 feet of any public or private school,designated public
12 school bus stop, day care center, park, playground, or other place where children regularly
13 congregate.
14 (B) For purposes of determining the minimum distance separation, the requirement
15 shall be measured by following a straight line from the outer property line of the permanent
16 residence or temporary residence to the nearest outer property line of the public or private school,
17 designated public school bus stop,day care center,park,playground,or other place where children
18 regularly congregate.
19 (C) Any person violating this Section is guilty of a misdemeanor which, upon
20 conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of the
21 Code.
22 9.97.040 Property Owners Prohibited from Renting Real Property to Certain Sexual
23 Offenders.
24 (A) It is unlawful for any person to let or rent any place, structure, or part thereof,
25 trailer or other conveyance, with the knowledge that it will be used as a permanent residence or
26 temporary residence by any person prohibited from establishing such permanent residence or
27 temporary residence pursuant to section 9.97.030 of this Code, if such place, structure, or part
28 thereof, trailer or other conveyance, is located within 2000 feet of any public or private school,
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City Attorney
d to
1 designated public school bus stop,day care center,park,playground,or other place where children
2 regularly congregate.
3 (B) It is unlawful for any person who lets or rents any place, structure,or part thereof,
4 trailer or other conveyance and subsequently becomes aware that the person using the property is
5 prohibited from establishing such permanent residence or temporary residence pursuant to section
6 9.97.030 of this Code to continue to let or rent such place. Commencement of formal court
7 eviction proceedings must occur within 20 days of such subsequent knowledge.
8 (C) Any person violating this Section is guilty of a misdemeanor which, upon
9 conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of the
10 Code.
11 9.97.050 Severability.
12 Should any provision, section, paragraph, sentence, or words of this Ordinance be
13 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
14 reason of any preemptive legislation,the remaining provisions,sections,paragraphs,sentences,and
15 words of this Ordinance shall remain in full force and effect.
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1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a regular meeting thereof, held on
3 the_day of , 2006 the following vote, to wit:
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 ESTRADA
6 BAXTER
7 VACANT
8 DERRY
9 KELLEY
10 VAN JOHNSON
11 MCCAMMACK
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14 Rachel G. Clark, City Clerk
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16 The foregoing ordinance is hereby approved this_day of , 2006.
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PATRICK J. MORRIS, Mayor
19 City of San Bernardino
20 Approved as to
form and legal content:
21
JAMES F. PENMAN,
22 City Attorne�ity Attorney
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By: DRAF _
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