HomeMy WebLinkAbout18-08 CC Ordinance - Urgency ORDINANCE NO. 18-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA REPEALING CHAPTER 9.60 OF
THE TEMECULA MUNICIPAL CODE RESTRICTING
CERTAIN ACTIONS OF REGISTERED SEX OFFENDERS
THAT HAVE NOW BEEN SUPERSEDED BY STATE LAW
AND COURT ACTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.60 of the Temecula Municipal Code, restricting the
activities of registered sex offenders on Halloween is hereby repealed.
Section 2. The City Council finds that this ordinance is necessary for the
immediate preservation of the public peace, health, and safety, and declares that it shall
take effect immediately upon its adoption as an urgency ordinance pursuant to
Government Code Sections 36934 and 36937. At the time Chapter 9.60 was enacted, the
ordinance was a significant tool in the City's efforts to monitor registered sex offenders
and to reduce the risk of crimes against children. Since that time, however, court cases
and State legislation have called into question the continued legal validity of this type of
ordinance based on the fact that State law and court orders address these issues on the
basis that the State has "preempted" a city's authority to legislate in this area. Also, since
that time, the Sheriffs Department has relied on conditions of probation and parole and
court orders that place the same restrictions on registered sex offenders whose crimes
involve children as Chapter 9.60. The Sheriff has not made any arrests or cited any
persons for violations of Chapter 9.60. There is no need to continue with Chapter 9.60
and its continued existence could cause undue confusion in the .enforcement of State
laws relating, to registered sex offenders. Therefore, the City Council adopts this
Ordinance effective immediately.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September, 2018.
Matt Rahn, Mayor
ATTE
Ranio , City Clerk
[SEAL]
Ords 18-08 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 18-08 was duly adopted and passed as an urgency ordinance
at a meeting of the City Council of the City of Temecula on the 25th day of September,
2018, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Stewart, Rahn
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
Ords 18-08 2