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FULL PACKET_2012-05-21
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FULL PACKET_2012-05-21
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4/6/2017 4:38:53 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
5/21/2012
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Ex Post Facto <br />An impermissible ex post facto law is one which makes more burdensome the punishment for a <br />crime after its commission. (/n re E_J., supra, 47 Cal.4th 1258, 1279.) Because the child safety <br />zone laws would not be applied retroactively, they would not raise ex post facto issues. (/n re <br />E.J., supra, 47 Cal.4th 1258, 1279-1280 [ex post facto only applies to laws applied <br />retroactively].) <br />Will enactment of such an ordinance create a cause of action if a registered sex offender <br />does harm a child at a Dark where there is such an ordinance? <br />Government Code section 845 - Failure to provide any or adequate police protection; <br />Responding to alarm states as follow: <br />Neither a public entity nor a public employee is liable for failure to establish a police department <br />or otherwise to provide police protection service or, if police protection service is provided, far <br />failure to provide sufficient police protection service. <br />A police department shall not fail to respond to a request for service via a burglar alarm system <br />or an alarm company referral service solely on the basis that a permit from the city has not been <br />obtained_ <br />PRACTICAL ISSUE CONSIDERED <br />What resources will the enactment of this ordinance take away from police? The OCDA <br />believes the enactment of this ordinance will cause a minimal shift in resources. Atypical <br />scenario would be a parent calling the police when they see a person acting suspiciously in a <br />park around children. This law is an additional tool for law enforcement to contact and arrest <br />registered sex offenders in parks where children regularly gather. It should be noted that since <br />the passage of the County Ordinance, the OCSD has had 14 requests by sex offenders, One <br />waiver has been granted. <br />ORANGE COUNTY ORDINANCE <br />Sec. 3-18-1. -Purpose and intent. <br />It is the purpose and intent of this article to protect children from registered sex <br />offenders by restricting sex offenders' access to locations where children regularly <br />gather. It is intended to reduce the risk of harm to children by impacting the ability of sex <br />offenders to be in contact with children. It is further the intent of this article to provide <br />additional restrictions beyond those provided for in state law by restricting sex offenders <br />from certain limited locations, and by allowing for criminal penalties for violations of this <br />article. It is not the intent of this article to allow conduct otherwise prohibited by state <br />law, or to contradict state law. Orange County Parks are recognized by the County of <br />Orange Board of Supervisors as locations where children regularly gather. <br />(Ord. No. 11-012, § 1, 4-5-11) <br />Sec. 3-18-3. -Prohibitions. <br />Any person required to register pursuant to California Penal Code sections 290, et seq. <br />who enters into or upon any Orange County Park where children regularly gather without <br />written permission from the Orange County Sheriff or Sheriff's designee is guilty of a <br />misdemeanor. Each entry into any such area, regardless of the time period between <br />entries, shall constitute a separate offense under this article. <br />(Ord. No. 1 1-012, § 1 , 4-5-11 ) <br />7 <br />50A-23
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