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HomeMy WebLinkAbout09-02 CC Ordinance ORDINANCE NO. 09-02 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ADDING CHAPTER 9.60 ("SEX OFFENDERS") TO TITLE 9 ("PUBLIC PEACE, MORALS, AND WELFARE") OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCATION RESTRICTIONS FOR SEX OFFENDERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council is gravely concerned about the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The City Council takes legislative notice of the fact that, based on U.S. Department of Justice statistics, several members of the U.S. Supreme Court recently concluded: "When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault." [McKune v. Lile, 536 U.S. 24, 33 (2002).] Section 2. On November 7, 2006, the people of the State of California enacted the Sexual Predator Punishment and Control Act: Jessica's Law (also known as ' Proposition 83). That initiative measure: (i) increases penalties for violent and habitual sex offenders and child molesters; (ii) prohibits sex offenders from residing within 2,000 feet of any school or park; (iii) requires lifetime Global Positioning System monitoring of felony registered sex offenders; (iv) expands the definition of a sexually violent predator; and (v) changes the system for involuntary civil commitment of sexually violent predators. Additionally, that initiative measure authorizes municipalities to enact ordinances that further restrict the locations where registered sex offenders may reside. Section 3. The City has a compelling governmental interest in protecting the victims and potential victims of sex offenders in its jurisdiction. The City Council finds that the sex offender location restrictions imposed by this Ordinance are a reasonable means of promoting that governmental interest. Section 4. This Ordinance is enacted by the City Council pursuant to Jessica's Law and pursuant to the City of Temecula's general police power to provide for the public health, safety and general welfare. Section 5. In enacting this Ordinance, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this Ordinance is to create a regulatory and non-punitive scheme to protect children at child day care centers, parks, and schools in Temecula. 1 R:/Ords 2009/Ords 09-02 1 Section 6. The City Council has determined that it can be seen with certainty ' that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"). Section 7. Title 9 ("Public Peace, Morals and Welfare") of the Temecula Municipal Code is hereby amended by adding a new Chapter 9.60 ("Sex Offenders") to read as follows: "Chapter 9.60 SEX OFFENDERS 9.60.010 Short Title. This chapter shall be known and may be cited as the "Temecula Sex Offender Ordinance." 9.60.020 Definitions. For purposes of this chapter, the following definitions shall apply: A. "Adult" means a person over the age of 18 years. B. "Child" means a person under the age of 18 years. C. "Child day care center" means a licensed facility that provides non-medical care on a less than 24-hour basis to children in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Child day care center" does not include a "family day care home" as that term is defined in California Health and Safety Code Section 1596.78. D. "Park" means an open space intended for recreational use where children regularly gather. E. "School" means the buildings and grounds of any public or private school used for the education of children in kindergarten or in grades 1 through 12, inclusive. F. "Sex offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation. 9.60.030 Residency Restriction. ' No sex offender shall reside within a two thousand (2,000) foot radius of any child day care center, park, or school. RJOrds 2009/Ords 09-02 2 9.60.040 Exceptions. ' Section 9.60.030 shall not apply in any of the following circumstances: A. The sex offender established the residency prior to the effective date of this chapter. B. The sex offender established the residency prior to the initial operation of the child day care center, park, or school. 9.60.060 Penalties. A. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. B. Any person who violates any provision of this Chapter shall also be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. Peace officers of the Riverside County Sheriffs Department or such other police agency under contract to provide police services to the City shall be authorized to issue citations or take such enforcement action as authorized by Chapters 1.21 and 1.24." Section 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. Section 9. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. RJOrds 20091Ords 09-02 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of February, 2009. Maryann Edwards, Mayor ATTEST: Susan W. on s, MMC ity Cler [SEAL] 1 R:/Ords 2009/Ords 09-02 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of February, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of February, 2009, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk RJOrds 2009/Ords 09-02 5