HomeMy WebLinkAboutMC-1380 Adopted: October 15, 2012
Effective: October 15, 2012
1 ORDINANCE NO. MC-1380
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 9.97 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 THE REGULATION OF REGISTERED SEX OFFENDERS ON HALLOWEEN.
4
5 The Mayor and Common Council of the City of San Bernardino do ordain as
6 follows:
7 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council
8 with the power to make and enforce all laws and regulations with respect to municipal affairs,
9 subject only to the restrictions and limitations provided in the Charter by State law; and
10 WHEREAS, Sections 31 and 121 of the City Charter provide for adoption of an
11 urgency ordinance for the immediate preservation of the public peace, health, or safety if
12 passed by a two-thirds (2/3)vote of the Council; and
13 WHEREAS, according to the California Attorney General's website on Megan's Law
14 (www.meganslaw.ca.gov), as of September 27, 2012, there were 598 registered sex offenders
15 living within the City and County islands located within the City's borders.
16 Section 1: Findings.
17 a. The above recitals are true and correct and incorporated herein by this
18 reference.
19 b. The Mayor and Common Council finds that registered sex offenders pose a
20 clear threat to the children residing in or visiting the community. It is the intent of the
21 restrictions in this Chapter to reduce the threat that registered sex offenders pose to these
22 children by limiting the ability of registered sex offenders to be in contact with these children
23 on Halloween,the evening of October 31".
24 C. In accordance with the City Charter Sections 31 and 121, based on the recitals
25 and findings referenced above, the Mayor and Common Council hereby finds that this
26 urgency ordinance is necessary for the immediate preservation of the public peace, health, or
27 safety.
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1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
3 Section 2: Chapter 9.97 of the San Bernardino Municipal Code is hereby added to
4 read as follows:
5 Chapter 9.97 Regulation of Registered Sex Offenders
6 Section 9.97.010 Intent and Purpose
7 The Mayor and Common Council desires to impose safety precautions in furtherance
8 of the compelling interest of protecting children from registered sex offenders by restricting
9 registered sex offenders' access to locations where children regularly gather. The Mayor and
10 Common Council finds that registered sex offenders pose a clear threat to the children
11 residing in or visiting the community. It is the intent of the restrictions in this Chapter to
12 reduce the threat that registered sex offenders pose to these children by limiting the ability of
13 registered sex offenders to be in contact with these children on Halloween, the evening of
14 October 31s`
15 Currently, state law does not address the areas that registered sex offenders can
16 frequent, focusing only on where registered sex offenders can reside. This Chapter is not
17 intended to conflict with, but to supplement, state law by imposing additional restrictions on
18 the locations where registered sex offenders may reside, imposing restrictions on the locations
19 where registered sex offenders may frequent, and imposing reasonable time, place and
20 manner restrictions on registered sex offenders' contact with children.
21 Section 9.97.020 Definitions.
22 For the purposes of this Chapter, the following definitions shall apply unless the
23 context clearly indicates or requires a difference meaning.
24 REGISTERED SEX OFFENDER. Any person who has been convicted of an
25 offense against a child and is required to register as a sex offender pursuant to Sections 290 et
26 seq. of the California Penal Code.
27
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1 Section 9.97.030 Prohibitions.
2 (a) Any registered sex offender on October 31'of each year shall:
3 (1) Leave all exterior residential, decorative and ornamental lighting at his
4 or her residence off between 5:00 p.m. and 11:59 p.m.
5 (2) Not decorate or maintain any Halloween decorations on the exterior or
6 any interior portion of his or her residence that is visible to the public; and
7 (3) Be prohibited from answering the door of his or her residence to
8 children who are engaging in the practice of asking for treats on Halloween, commonly called
g "trick-or-treating."
10 Section 3: This Ordinance is based upon the recitals and findings set forth above,
11 and the accompany Staff Report and its attachments, and is adopted pursuant to the authority
12 granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
13 and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino.
14 Section 4: Pursuant to Sections 31 and 121 of the Charter of the City of San
15 Bernardino, this Ordinance shall take effect immediately.
16 Section 5: Severability. If any section, subsection, sentence, clause or phrase in
17 this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or
18 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
19 effectiveness of the remaining portions of this Ordinance or any part thereof The Mayor and
20 Common Council hereby declares that it would have adopted each section irrespective of the
21 fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
22 unconstitutional, invalid,or ineffective.
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1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 9.97 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 THE REGULATION OF REGISTERED SEX OFFENDERS ON HALLOWEEN.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
5 and Council of the City of San Bernardino at a i oint regular meeting thereof, held on
6 the 15th day of October 2012,by the following vote,to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ x
9 JENKINS a
10
VALDIVIA x
11
SHORETT x
12
13 KELLEY x
14 JOHNSON x
15 MC CAMMACK a
16
17
18 GEOR ANN HA A, City Clerk
19 it
20 The foregoing Ordinance is hereby approved this I y ofortobar , 2012.
21
22 .rs
� PATF
$K J. MO ayor
23 of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN
City Attorney / A
26
27 sk�jl� s r
,ei�ca I.,.c nLe�+rc. Ol r '900 w . D.../.. • %�t..���,.l"'`"/Co
Received: Sep 19 2012 03:11pm
09/19/2012 14:24 9093874554 CLERK OF THE BOARD PAGE 02/05
1 ORDINANCE NO. 4179
2 AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AMENDING SECTIONS 27.1401 AND 27.1402
3 AND ADDING SUBDIVISION (d) TO SECTION 27.1403, ALL
4 OF THE SAN BERNARDINO COUNTY CODE, RELATING TO
THE REGULATION OF REGISTERED SEX OFFENDERS
5
6 The Board of Supervisors of the County of San Bernardino, State of California,
7 ordains as follows:
B
9 SECTION 1. Section 27.1401 of the San Bernardino County Code is amended
10 to read,
11 27.1401 Intent and Purpose.
12 The San Bernardino County Board of Supervisors desires to impose safety
13 precautions in furtherance of the compelling interest of protecting children from
14 registered sex offenders by restricting registered sex offenders' access to locations
15 where children regularly gather. The Board of Supervisors finds that sex offenders
16 pose a clear threat to the children residing in or visiting the community. It is the intent
17 of the restrictions in this Chapter to reduce the threat that sex offenders pose to these
16 children by limiting the ability of sex offenders to be in contact with these children.
19 Currently, state law does not address the areas that sex offenders can frequent,
20 focusing only on where sex offenders can reside. This Chapter is not intended to
21 conflict with, but to supplement, state law by imposing additional restrictions on the
22 locations where sex offenders may reside, imposing restrictions on the locations which
23 sex offenders may frequent, and imposing reasonable time, place and manner
24 restrictions on a sex offenders' contact with children.
25
26 SECTION 2. The definition of "Registered Sex Offenders' set forth in Section
27 27.1402 of the San Bernardino County Code is amended to read:
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Received: Sep 19 2012 03:11pm
09/19/2012 14:24 9093874554 CLERK OF THE BOARD PACE 03/05
1 271402 Definitions.
2 For the purposes of this Chapter, the following definitions shall apply unless the
3 context clearly indicates or requires a different meaning.
4 ...
5 REG15TERFD SEX OFFENDER. Any person who has been convicted of an
6 offense against a child and is required to register as a sex offender pursuant to
7 Sections 290 et seq. of the California Penal Code. This Chapter shall only apply to sex
8 offenders released from custody for any criminal offense on or after the initial effective
9 date of this Chapter (i.e. December 7, 2006),
10
11 SECTION 3. Subdivision (d) is added to Section 27.1403 of the San Bernardino
12 County Cade to read:
13 271403 Prohibitions.
14
15 (d) Any registered sex offender on October 31 st of each year shall:
16 (1) Leave all exterior residential, decorative and ornamental
17 lighting at his or her residence off between 5:00 p.m. and 11:59 p.m.;
18 (ii) Not decorate or maintain any Halloween decorations on the
19 exterior or any interior portion of his or her residence that is visible to the public; and
20 (iii) Be prohibited from answering the door of his or her
21 residence to children who are engaging in the practice of asking for treats on
22 Halloween, commonly called "trick-or-treating."
23
24 SECTION 4. The Board of Supervisors declares that it would have adopted this
25 ordinance and each section, sentence, clause, phrase, or portion of it irrespective of
26 the fact that any one or more sections, subsections, clauses, phrases or portions of it
27 be declared invalid or unconstitutional. If for any reason any portion of this ordinance is
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Received: Sep 19 2012 03:11pm
09/1.°./2012 14: 24 9093874554 CLERK OF THE BOARD PAGE 04/05
1 declared invalid or unconstitutional, then all other provisions of it shall remain valid and
2 enforceable.
3
4 SECTION 5. This ordinance shall take effect thirty (30) days from the dale of
5 adoption.
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7
J ZA it
8 Board of Superviso
9
10 SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
11 TO THE CHAIR OF THE BOARD
12 LAURA H. WELCH, Clerk of the
13 Board of upervisors
14
15
16 STATE OF CALIFORNIA )
ss.
17 COUNTY OF SAN BERNARDINO )
18 I, LAURA H. WELCH, Clerk of the Board of Supervisors of the County of San
19 Bernardino, State of California, hereby certify that at a regular meeting of the Board of
Supervisors of said County and State, held on the 24th day of August, 2012, at which
20 meeting were present Supervisors Rutherford, Derry, Ovitt, Gonzales, and the Clerk,
21 the foregoing ordinance was passed and adopted by the following vote, to wit:
22 AYES: SUPERVISORS: Rutherford, Derry, Ovitt, Gonzales
23 NOES: SUPERVISORS: None
24 ABSENT: SUPERVISORS: Mitzelfelt
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Received: Sep 19 2012 03:11pm
09/119/2012 14:24 9093874554 CLERK OF THE BOARD PAGE 05/05
1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the Board of Supervisors this 24chday of _r„i3r 2012.
2
LAURA H. WELCH, Clerk of the
3 Board of Supervisors of the
4 Coe y o Mino,
COZY ft
!s
5
m N
6 snn u
e
7 Approved as to Form:
6 JEAN-RENE BASLE �Fk
9 County Counsel IvgRD1No co
10
11 BY:
KENNETH C. HAR
12 Deputy/County Counsel
13 Date: s-
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