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HomeMy WebLinkAbout07.A- City Attorney ORDINANCE (ID#2064) DOC ID: 2064 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Urgency Ordinance From: James F. Penman M/CC Meeting Date: 10/15/2012 Prepared by: Crystal Johnson, (909) 384- 5355 Dept: City Attorney Ward(s): All Subject: An Urgency Ordinance of the City of San Bernardino Adding Chapter 9.97 to the San Bernardino Municipal Code Relating to the Regulation of Registered Sex Offenders on Halloween. Financial Impact: N/A Motion: Adopt the Urgency Ordinance. Synopsis of Previous Council Action 10/02/2012 Legislative Review Committee Recommended Approval. Background: Council Member Robert Jenkins, citing his concern for the safety of the children in San Bernardino on Halloween, requested that the Legislative Review Committee (LRC) consider an ordinance restricting the activities of registered sex offenders on Halloween, similar to ordinances recently passed by other cities. At its meeting on October 2, 2012, the LRC voted to recommend Mayor and Council approval of the proposed Urgency Ordinance (Council Members Robert Jenkins and Chas Kelley present, Council Member John Valdivia absent). The proposed Urgency Ordinance is almost identical to the version adopted by the San Bernardino County Board of Supervisors on August 24, 2012, (attached in the agenda backup). The Urgency Ordinance will prohibit any Registered Sex Offender, who has been convicted of an offense against a child, from committing any of the following actions on October 31 of each year: 1. Leaving any exterior residential, decorative, or ornamental lighting on at his or her residence between 5:00 p.m. And 11:59 p.m. 2. Decorating or maintaining any Halloween decorations on the exterior or the interior portion of his or her residence that is visible to the public; and 3. Answering the door of his or her residence to children who are asking for treats on Halloween, commonly called "trick-or-treating". Other governmental entities that have adopted similar laws include the cities of Ontario, Orange, San Jacinto, and Simi Valley; the County of Riverside; and the states of Missouri, North Carolina, Ohio,Texas, and Tennessee. The San Bernardino Police Department stated its support for the Urgency Ordinance at the LRC meeting. The findings required to adopt the Urgency Ordinance are stated in the ordinance. Updated: 10/11/2012 by Georgeann"Gigi"Hanna D I Packet Pg. 22 2064 City Attorney Review: Suaaortina Documents: Urgency Ordinance Adding Chapter 9.97 (PDF) S.B.CountyBD.Sup.Ord Attachment (PDF) Updated: 10/11/2012 by Georgeann"Gigi"Hanna D WN 1 ORDINANCE NO. 0 c 2 ? AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.97 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 m THE REGULATION OF REGISTERED SEX OFFENDERS ON HALLOWEEN. c 4 0 0 5 The Mayor and Common Council of the City of San Bernardino do ordain as of 6 follows: d 7 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council m 6 with the power to make and enforce all laws and regulations with respect to municipal affairs, S 9 subject only to the restrictions and limitations provided in the Charter by State law; and d u 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 o a 12 passed by a two-thirds (2/3)vote of the Council; and rn 13 WHEREAS, according to the California Attorney General's website on Megan's Law c i a 14 (` w "'•meganslaw.ca.eoy), 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. c 0 A 17 a. The above recitals are true and correct and incorporated herein by this 4) 18 reference. 0, 19 b. The Mayor and Common Council finds that registered sex offenders pose a 0. r 20 clear threat to the children residing in or visiting the community. It is the intent of the c) rn 21 restrictions in this Chapter to reduce the threat that registered sex offenders pose to these n a 22 children by limiting the ability of registered sex offenders to be in contact with these children v G 23 on Halloween, the evening of October 31 24 0 c. In accordance with the City Charter Sections 31 and 121, based on the recitals u c 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 a 27 safety. E r v m 28 Pac6 t,Pg.24 ; 7.AA, © 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 0 2 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c 3 Section 2: Chapter 9.97 of the San Bernardino Municipal Code is hereby added to m 4 read as follows: 0 5 Chapter 9.97 Regulation of Registered Sex Offenders rn 6 Section 9.97.010 Intent and Purpose 0. 7 The Mayor and Common Council desires to impose safety precautions in furtherance 0 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 0 T 12 reduce the threat that registered sex offenders pose to these children by limiting the ability of W 13 registered sex offenders to be in contact with these children on Halloween, the evening of C 14 October 31S` 0 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 `o_ .y 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 rn 19 where registered sex offenders may frequent, and imposing reasonable time, place and c m manner restrictions on registered sex offenders' contact with children. r 20 v rn 21 Section 9.97.020 Definitions. v v a 22 For the purposes of this Chapter, the following definitions shall apply unless the 28 context clearly indicates or requires a difference meaning. 5 i 24 REGISTERED SEX OFFENDER. Any person who has been convicted of an c 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. d 27 /// E 0 v 28 a y Peke :25 4�7:Ai.a 1 Section 9.97.030 Prohibitions. 0 S 2 (a) Any registered sex offender on October 31 si of each year shall: 'a 10 c 3 (1) Leave all exterior residential, decorative and ornamental lighting at his m 4 or her residence off between 5:00 p.m. and 11:59 p.m. �n 0 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 d a 7 (3) Be prohibited from answering the door of his or her residence to U 8 children who are engaging in the practice of asking for treats on Halloween, commonly called a 9 "trick-or-treating." d v 10 Section 3: This Ordinance is based upon the recitals and findings set forth above, c 11 and the accompany Staff Report and its attachments, and is adopted pursuant to the authority o T 12 granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, m 13 and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino. c Q 14 Section 4: Pursuant to Sections 31 and 121 of the Charter of the City of San 0 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 o m 20 Common Council hereby declares that it would have adopted each section irrespective of the 0 m 21 fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared v unconstitutional, invalid, or ineffective. d 22 � c 23 a 24 /// 0 T U r 25 rn 26 c d 27 E r U R 28 a Packet, g 26 7.A.a © 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING C CHAPTER 9.97 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO a 2 THE REGULATION OF REGISTERED SEX OFFENDERS ON HALLOWEEN. `m c 3 d m c 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor N 5 and Council of the City of San Bernardino at a meeting thereof, held on 6 the day of 2012, by the following vote, to wit: a 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT rn 8 MARQUEZ `-S v 9 JENKINS a u c 10 `0 VALDIVIA a 11 0 SHORETT v 12 ac rn 13 KELLEY c a 14 JOHNSON 0 15 MC CAMMACK N 16 c N 17 18 GEORGEANN HANNA, City Clerk rn CD 19 a M 20 The foregoing Ordinance is hereby approved this_day of 2012. a� c 21 0 v a 22 PATRICK J. MORRIS, Mayor 23 City of San Bernardino a 24 Approved as to form: 0 T V 25 JAMES F. PENMAN City Attorney C ,r ra d 27 �a+ ✓rte o� / tY��i2� /`GLead�✓ 7/+✓i r'o` c � u �Gy2�9� ` " ` .✓o az., 4WI, cc REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION May 22, 2012 A FROM: GARY OVITT, Supervisor v Board of Supervisors, Fourth District c SUBJECT: BAN ON REGISTERED SEX OFFENDERS PARTICIPATING IN HALLOWEEN E 'v RECOMMENDATION(S) c Direct County Counsel to research and return to the Board with a recommendation on an m ordinance that restricts the activities of sex offenders on Halloween that reside within the unincorporated areas of the County. ti (Affected Districts: All) o (Presenter: Supervisor Gary Ovitt, Fourth District, 387-4830) rn BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. r FINANCIAL IMPACT v w Approval of this item will incur no additional net county cost (discretionary general funding). a c Dependent on the findings of County Counsel, it is possible that there could be additional costs with the enforcement of an ordinance that restricts the activities of sex offenders on Halloween cei that reside within the unincorporated areas of the County. c m c BACKGROUND INFORMATION v Approval of this item will direct County Counsel to research and return to the Board with a recommendation on an ordinance that puts in place time, place, and manner restrictions on sex offenders on Halloween who reside in the unincorporated areas of the County. o, Halloween is a fun night for the children of our County. Parents should know that their County a government is being proactive in ensuring that Registered Sex Offenders are prohibited from participating in the activities that attract children right to their front door and allow interactions with c kids. N This is such an important issue that the California Department of Corrections and Rehabilitation c d has held "operation Boo" for over 18 years. "Operation Boo" has a history of helping protect children from sexual predators during Halloween. Parole agents enforce the traditional compliance checks on known sex offenders to make sure they are staying away from trick-or- treaters. T O CL Page 1 of 2 (=n 0 m T C 7 O U Ed N c m E r U A a Rw 414II Packet Pg.28 BAN ON REGISTERED SEX OFFENDERS PARTICIPATING IN HALLOWEEN MAY 22, 2012 0 PAGE 2 OF 2 0 m a U C Recently local governments, including the city of Ontario and Riverside County, have passed a � ban on registered sex offenders from participating in the Halloween festivities that attract children 0 to their front doors. Some of these restrictions include: Having a porch light on during usual .9 "trick-or-treating" hours of 5 p.m. to Midnight on Halloween; Decorating their home for Halloween; Hosting a "haunted House' on their property; Handing out candy; Answering the door for anyone other than law enforcement; Participating in Halloween activities at homes that are not their own. m c REVIEW BY OTHERS in This item has been reviewed as to form by the County Administrative Office (Robert Saldana, Administrative Analyst, 387-4342) on May 15, 2012. of m 0. 0 Z U 0 E V v Q m U c R c O � O T U C O) C Q a m 0 N w C d E r v m Q v O CL U) U) O rD T C 0 O U m N C d © L U a Packet Pg.29 7.A.b REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION 0 0 U July 24, 2012 m o. FROM: GARY OVITT, Supervisor c Board of Supervisors, Fourth District 0 SUBJECT: Adoption - BAN ON REGISTERED SEX OFFENDERS PARTICIPATING IN m HALLOWEEN ACTIVITIES RECOMMENDATION(S) m CONTINUED FROM TUESDAY, JULY 10, 2012, ITEM #63 - Adopt Ordinance relating to the rn regulation of registered sex offenders. 0 (Affected Districts: All) (Presenter: Supervisor Gary Ovitt, Fourth District, 387-4830) rn BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES a Maintain Public Safety, t U BACKGROUND INFORMATION On May 22, 2012 (Item No. 4) the Board of Supervisors Board v P (Board) approved a recommendation a directing County Counsel to research and return to the Board an ordinance that restricts the 0 activities of sex offenders on Halloween that reside within the unincorporated areas of the r County. This ordinance applies to any person who has been convicted of an offense against a c child and is required to register as a sex offender pursuant to Sections 290 et seq. of the California Penal Code, 0 T On October 17, 2006, the Board a r pproved Ordinance No. 3993 adding several provisions to the rn County Code, including prohibiting registered sex offenders from residing or being located within certain areas where children regularly gather. On July 12, 2011, the Board approved an amendment to the County Code, through Ordinance No. 4144, expanding the list of public areas deemed "predator-free zones" to include public libraries, public museums, public swimming pools o and arcades. N This amendment to the Ordinance would require any registered sex offender on October 31st of each year to do the following: E • Leave all exterior residential, decorative and ornamental lighting at his or her residence off between 5:00 p.m. and 11:59 p.m. a • Not decorate or maintain Halloween decorations on the exterior or any interior portion of his or her residence that is visible to the public; and 0 a 0 Cr) Pagel of 2 0 0 U Ed u) C m E t U A Q Pw -IB-tl Packet Pg. 30 7.A.b BAN ON REGISTERED SEX OFFENDERS PARTICIPATING IN HALLOWEEN ACTIVITIES 64 JULY 24, 2012 v PAGE 2 OF 2 0 A a • Be prohibited from answering the door of his or her residence to children who are engaging in the practice of asking for treats on Halloween, commonly called "trick- 2 or-treating." G C Recently local governments, including the city of Ontario and Riverside County, have also passed a ban on registered sex offenders from participating in Halloween activities. m m The recommendation before the Board of Supervisors today will adopt the ordinance on the consent calendar. w 0 rn of d .. CL M s U m S v Q d U C A C 0 T U C d D7 7 C Q V' O O N C d E L U R N Z s 0 a N D m T C 7 O U m N c v E L U A r Q Packet Pg. 31 Received: Sep 19 2012 03 11pm 7.A.b " 09/19/2012 14:24 9093874554 CLERK OF THE BOARD PAGE 02/05 t 0 ! o ORDINANCE NO,1 EL 2 AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF r CALIFORNIA, AMENDING SECTIONS 27.1401 AND 27,1402 3 AND ADDING SUBDIVISION (d) TO SECTION 27.1403, ALL 0 4 OF THE SAN BERNARDINO COUNTY CODE, RELATING TO v THE REGULATION OF REGISTERED SEX OFFENDERS c 5 d m g The Board of Supervisors of the County of San Bernardino, State of California, in 7 ordains as follows: n 8 °f m g SECTION 1. Section 27.1401 of the San Bernardino County Code is amended r 10 to read: C 11 27.1401 Intent and Purpose. a 12 The San Bernardino County Board of Supervisors desires to impose safety ur- 13 precautions in furtherance of the compelling interest of protecting children from o 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 a` 17 of the restrictions in this Chapter to reduce the threat that sex offenders pose to these o 18 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 a 21 conflict with, but to supplement, state law by imposing additional restrictions on the o dL 22 locations where sex offenders may reside, imposing restrictions on the locations which ut 0 23 sex offenders may frequent, and imposing reasonable time, place and manner m 24 restrictions on a sex offenders' contact with children. o U 25 00 vi 26 SECTION 2. The definition of "Registered Sex Offenders" set forth in Section a E 27 27.1402 of the San Bernardino County Code is amended to read: 28 a 2891553 1 Picket Pg:32 Received: Sep 19 2012 03:11pm 09/19/2012 14:24 9093874554 CLERK OF THE BOARD PAGE 03/05 v 0 0 U 1 27.1402 Definitions. i 2 For the purposes of this Chapter, the following definitions shall apply unless the 3 context clearly indicates or requires a different meaning. 0 c 4 ... C 5 REGISTERED SEX OFFENDER. Any person who has been convicted of an 00 c 6 offense against a child and is required to register as a sex offender pursuant to y 0 7 Sections 290 et seq. of the California Penal Code. This Chapter shall only apply to sex o 8 offenders released from custody for any criminal offense on or after the initial effective d CL 9 date of this Chapter(i.e. December 7, 2006). r U 10 a 11 SECTION 3. Subdivision (d) is added to Section 27.1403 of the San Bernardino a d 12 County Code to read: 13 271403 Prohibitions. 0 14 d 15 (d) Any registered sex offender on October 31st of each year shall: 16 (i) Leave all exterior residential, decorative and ornamental a v 17 lighting at his or her residence off between 5:00 p.m. and 11:59 p.m.; N 18 (ii) Not decorate or maintain any Halloween decorations on the d 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 a 21 residence to children who are engaging in the practice of asking for treats on a 22 Halloween, commonly called "trick-or-treating." ut 0 23 c 24 SECTION 4. The Board of Supervisors declares that it would have adopted this 0 m 25 ordinance and each section, sentence, clause, phrase, or portion of it irrespective of w 26 the fact that any one or more sections, subsections, clauses, phrases or portions of it E 27 be declared invalid or unconstitutional. If for any reason any portion of this ordinance is 28 a 2991553 ( 2 ':''Pi6ketPg.33 keceived: Sev 19 2012 03:11om 09/19/2012 14:24 9093874554 CLERK OF THE BOARD `'` PAGE 04/05 w 0 0 U 1 declared invalid or unconstitutional, then all other provisions of it shall remain valid and c 2 enforceable. •2 3 0 c 4 SECTION 5. This ordinance shall take effect thirty (30) days from the date of s= 5 adoption. m 6 N 7 *Superviso ti g J it Board d 9 R U 10 SIGNED AND CERTIFIED THAT COPY OF THIS DOCUMENT HAS BEEN DELIVERED 11 TO THE CHAIR OF THE BOARD a a, 12 LAURA H. WELCH, Clerk of the A 13 Board of upervisors TO 0 14 0 c 15 ?� 16 STATE OF CALIFORNIA ) a` ss. 17 COUNTY OF SAN BERNARDINO ) o N 18 1, LAURA H. WELCH, Clerk of the Board of Supervisors of the County of San 99 Bernardino, State of California, hereby certify that at a regular meeting of the Board of r Supervisors of said County and State, held on the 24�h day of August, 2012, at which 2 20 meeting were present Supervisors: Rutherford, Derry, Ovitt, Gonzales, and the Clerk, a 21 the foregoing ordinance was passed and adopted by the following vote, to wit: v 0 22 AYES: SUPERVISORS: Rutherford, Derry, Ovitt, Gonzales in 0 23 NOES: SUPERVISORS: None m 24 ABSENT: SUPERVISORS: Mitzelfelt 0 25 0° ai 26 c d E 27 cti m 26 a 2991553 3 PacketPg.34 Received: Sep 19 2012 03:11pm 7A.b 09/1`9/2012 14:24 9093874554 CLERK OF THE BOARD PAGE 05/05 F '0 0 U 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official S seal of the Board of Supervisors this 24thday of _T..1y 2012. 2 LAURA H. WELCH, Cleric of the 0 3 Board of Supervisors of the s 4 County o ino, State fiiift��,t m 5 f1P c .47 Sn�O r r 7 e rn Approved as to Form: y "•�' °' CL BASLE 9 County Counsel ��Q�gRbiNO Ga o� C 10 s 11 By: L. d KENNETH C. HAR 12 Deputy County Counsel v 13 0 Date: /1 Z u 14 I '' w i O7 15 r 16 0 17 N c 18 E E 19 ,gym 20 0 21 z N 22 ° m , 23 0 U 24 op vi 25 d 28 E U A 27 Q I 28 Paci<e; �35, 2991553 4