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.
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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.
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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.
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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]
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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. 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
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