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FULL PACKET_2012-05-21
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FULL PACKET_2012-05-21
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
5/21/2012
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(1) Upon a first conviction, by imprisonment in a county jail for a period of not more <br />than six (6) months, or by a fine not exceeding five hundred dollars ($500.00), or <br />by both imprisonment and a fine. <br />(2) Upon a second conviction, by imprisonment in a county jail fora period of not <br />less than ten (10) days and not more than six (6) months, or by both <br />imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon a <br />second conviction, however, the person shall not be released on probation, <br />parole, or any other basis until he or she. has served not less than ten (10) days. <br />(3) Upon a third or subsequent conviction, by imprisonment in a county jail for a <br />period of not less than ninety (90) days and not more than six (6) months, or by <br />both imprisonment and a fine not exceeding five hundred dollars ($500.00). Upon <br />a third or subsequent conviction, however, the person shall not be released on <br />probation, parole, or any other basis until he or she has served not less than <br />ninety (90) days. <br />(Ord. No. 11-012, § 1, 4-5-11 ) <br />Definitions <br />There are two main terms to define: 1) park; and 2) the administrative official from whom written <br />permission must be obtained. <br />Some local jurisdictions may choose to leave the term as drafted without further definition. <br />Relevant State law provisions do not define the term "park." (Penal Code § 3003.5 [precludes <br />sex registrants from residing within 2000 feet of a "park where children regularly gather"]; <br />Chelsea's Law (Penal Code § 647.9) [would preclude certain parolees from entering "any park <br />where children regularly gather"].) <br />Some local jurisdictions may want to further define the term. Some cities have local ordinances <br />defining the term "park." For example, Grover Beach defines a "park" as "any city, county, <br />school district, state or federal public park or playground where children are likely to be." Santa <br />Clarita states a "'[p]ark' shall include any areas owned, leased controlled, maintained, or <br />managed by a public entity which are open to the public where children regularly gather and <br />which provide recreational, cultural, and/or community service activities including, but not limited <br />to, playgrounds, playfields, athletic courts, trails, paseos, and open space." Huntington Beach <br />states a "'[p]ark' includes every park, recreation center, lake, pond or other body of water, riding <br />and hiking trail, parking lot and every other recreation facility owned, managed and/or controlled <br />by the City and under jurisdiction of the Director." Each local jurisdiction should decide whether <br />it wishes to further define the term "park" depending upon its particular circumstances. Orange <br />County chose to define the area as places where "children regularly gather" and specifically <br />named certain places. <br />Similarly, each local jurisdiction should consider the appropriate entity from where permission <br />must be obtained before a sex registrant can enter a park. The appropriate person may vary <br />depending upon how the local jurisdiction is organized. In Orange County, the Beard of <br />Supervisors believed that the Orange County Sheriff, who has investigative and authority and <br />patrol responsibility in the defined areas, would be in the best position to give exemptions. <br />The court may imply knowledge (scienter) element to the crime. A court would require evidence <br />showing the defendant knew or reasonably should have known the "park" was a place where <br />children regularly gather. <br />50A-9
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