HomeMy WebLinkAbout17-01 CC Ordinance - Urgency1
1
ORDINANCE NO. 17-01
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA REPEALING SECTIONS
9.60.030 AND 9.60.040 OF THE TEMECULA MUNICIPAL
CODE RESTRICTING THE RESIDENCES OF
REGISTERED SEX OFFENDERS AND AMENDING
SECTION 9.60.020 TO REPEAL DEFINITIONS NO
LONGER APPLICABLE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Sections 9.60.030 and 9.60.040 of the Temecula Municipal Code,
restricting the locations of residences of registered sex offenders, are hereby repealed.
Section 2. Section 9.60.020 of the Temecula Municipal Code is hereby
amended to repeal certain definitions no longer applicable and to read as follows:
"9.60.020 Definitions
"For purposes of this chapter, the following definitions shall apply:
"Child" means a person under the age of eighteen years.
"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."
Section 3. 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. The California Supreme Court declared
in the case of In re Taylor that a statute prohibiting registered sex offenders from
residing within 2000 feet of parks and schools, similar restrictions to Temecula
Municipal Code Sections 9.60.030 and 9.60.040, is unconstitutional and unenforceable.
Therefore, the City Council adopts this Ordinance effective immediately.
Ords 17-01 1
1
1
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of April, 2017.
ATTEST:
Rand nhl-City Clerk
[SEAL]
Ords 17-01 2
aryann Edwards, Mayor
1
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. 17-01 was duly adopted and passed as an urgency ordinance at a meeting
of the City Council on the 11th day of April, 2017, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Ords 17-01 3
Randi Johl, City Clerk