HomeMy WebLinkAbout11-09 CC Ordinance ORDINANCE NO. 11-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING SECTION 9.60.045 TO THE
TEMECULA MUNICIPAL CODE CONCERNING TIME,
PLACE, AND MANNER RESTRICTIONS FOR
RESIDENCES OF SEX OFFENDERS ON HALLOWEEN
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council of the City of Temecula hereby finds,
determines, and declares that:
(a) 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).
(b) 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 residencies for registered sex offenders.
(c) 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 residency restrictions imposed by Chapter 9.60 of the Temecula
Municipal Code and the time, place and manner restrictions on convicted sex offenders
with respect to their residences imposed by this Ordinance are a reasonable means of
promoting that governmental interest.
(d) There are numerous sex offenders who reside in the City of
Temecula, including those on parole.
(e) Halloween is an upcoming holiday that is widely celebrated
throughout the City by children and their families, who often visit the residences of
strangers in efforts to obtain treats on October 31 St each year.
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(f) Sex offenders pose an immediate threat to children trick-or-treating
on Halloween because children often will engage in a disproportionate number of
complete strangers as part of their door-to-door activities.
(g) Children are often unaccompanied by their parents or guardians on
Halloween.
(h) The events of Halloween could put children unknowingly in close
proximity to the residences of sexual offenders who have committed violations against
children.
(i) In enacting this Ordinance and Chapter 9.60, 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 and to protect children in the
traditional childrens' trick or treating events in proximity to the residences of sex
offenders on Halloween.
(j) This Ordinance is enacted by the City Council pursuant to the
authority of state law and pursuant to the City of Temecula's general police power to
provide for the public health, safety, and general welfare.
Section 2. Enactment of Section 9.60.045. Section 9.60.045, Sex Offender
Residences Time, Place and Manner Restrictions on Halloween, is hereby added to the
Temecula Municipal Code to read as follows:
"9.60.045. Sex Offender Residences Time, Place and
Manner Restrictions on Halloween. A sex offender between
12:00 a.m. and 11:59 p.m. on October 31 shall:
A. Be prohibited from decorating the dwelling in
which the sex offender resides with Halloween decorations, and
shall remove any such decorations; and
B. During the evening hours starting at 5:00 p.m. until
11:59 p.m., leave all exterior residential, decorative, and
ornamental lighting off at the dwelling in which the sex offender
resides; and
C. Be prohibited from answering the door of the
dwelling in which the sex offender resides to children who are
trick or treating."
Section 3. Environmental Determination. 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
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California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title
14 of the California Code of Regulations (the "CEQA Guidelines").
Section 4. Certification. The City Clerk shall certify to the adoption of
this Ordinance and shall cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22" day of November, 2011.
Ron Roberts, Mayor
ATTEST:
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Susan W. Jones, MMC
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[SEAL]
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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. 11-09 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 25 day of October, 2011,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22" day of November, 2011, the following
vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
i
Susan . Jones, MMC
City Clerk
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