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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. 28 /// 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 28 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. 23 24 25 26 27 28 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: 28 2991553 1 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 28 2991553 2 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. 6 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 25 26 27 28 2991553 3 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- 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2991553 4