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HomeMy WebLinkAboutNS-2712 - Adding Article XII Sections 10-700 through 10-703 to Chapter 10 of the Santa Ana Municipal Code to Regulate Proximity of Registered Sex Offenders to Children's Facilities ORDINANCE NO. NS-2712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII SECTIONS 10-700 THROUGH 10-703 TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of Santa Ana (the "City Council") places a high priority on maintaining public safety. B. Registered sex offenders pose a clear threat to children residing in or visiting the City. C. The United States Supreme Court in New York v. Ferber (1982) 458 U.S. 747, found that there is a compelling governmental interest in safeguarding the physical and psychological well-being of children. D. The City of Santa Ana has a variety of parks, some large and some small, some in neighborhoods and some not, some developed and some undeveloped that are frequented by children. Within the parks are numerous traditional playground areas, softball fields, youth soccer, swimming pools, and a zoo. The City's park system also hosts a range of activities, including birthday parties and family reunions. E. According to a report by the U.S. Department of Justice, in 1994, the median age of the victims of imprisoned sexual assaulters was less than 13 years old. Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge. F. The City of Santa Ana currently houses approximately 385 registered sex offenders and over two-thirds of those registrants have victimized persons under the age of 18 years of age. G. The City Council desires to impose safety precautions in furtherance of the compelling goal of protecting our children from sexual assault or other harm by sex offenders. H. The City Council desires to add local restrictions in areas where state law regulating sex offenders is silent by prohibiting sex offenders from loitering in areas that are primarily designed for use by, or are primarily used by, children. Ordinance No. NS-2712 Page 1 of 5 I. The City Council further finds that sex offenders pose a high risk of re- offending, and protecting the public from sex offenders is the primary governmental interest of this ordinance. J. In adopting this ordinance, the City Council does not seek to create anything other than a regulatory scheme designed to protect the public from harm. It is the City Council's goal to be remedial rather than punitive, to exclude sex offenders from small portions of the City and not to punish them. K. In establishing this regulatory scheme, those sex offenders subject to it shall be provided with clear and unambiguous notice of this ordinance's requirements and the penalties for noncompliance. The City Council finds that timely and direct notice serves to apprise individuals of their responsibilities and to ensure compliance with the regulatory scheme. L. Nothing in this regulatory scheme is meant to restrict a sex offender's place of residence as long as a sex offender is not engaged in any of the prohibited activities in a restricted area. M. The City Council finds that the restrictions imposed by this ordinance are narrowly tailored to achieve a compelling governmental interest. N. The Request for Council Action for this ordinance dated May 1, 2006, and the Chief of Police written recommendation dated April 27, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the findings for this ordinance. Section 2. Article XII is hereby added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Article XII. Proximity Restrictions for Registered Sex Offenders to Children's Facilities Section 10-700. Purpose. Sex offenders pose a clear threat to the children residing in, or visiting our community. Because convicted sex offenders are more likely than any other type offender to re- offend for another sexual assault, the City Council of the City of Santa Ana desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children of our community by impacting the ability for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by children, namely, the grounds of a school, a center or facility that provides day care or children's services, and a park. The City of Santa Ana desires to add location restrictions to such offenders where the state law is silent. Ordinance No. NS-2712 Page 2 of 5 Section 10-701. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Child or Children means any person under the age of eighteen (18) years of age. Children's facility means any School, Day Care Center, or Park (excluding Sasscer Park), as defined in this section, the Discovery Science Center located at 2500 N. Main Street, the Bowers Kidseum located at the corner of 18th Street and Main Street, the McFadden Learning Center located at 2627 W. McFadden, and the Newhope Branch Library located at 122 N. Newhope Street. Day care center means any child day care facility other than a family day care home, and includes infant centers, preschools, extended-day care facilities and school-age child care centers, as defined in Section 1596.76 of the California Health and Safety Code and licensed pursuant to the provisions of the California Child Day Care Facilities Act (Health & Safety Code ~~ 1596.70 et seq.). Loitering means to delay or linger within three hundred feet (300') of a Children's facility and for the purpose of committing a crime as opportunity may be discovered. Park means any public park or recreation or playground area or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area. School as used in this article shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. Sex Offender means a person who has been required to register with a governmental entity as a sex offender when the underlying offense was a crime involving a child. Section 10-702. Prohibitions. A Sex Offender is prohibited from being on or within three hundred feet (300') of a Children's Facility: a) while there for the apparent purpose of observing a Child or Children, or Ordinance No. NS-2712 Page 3 of 5 b) while Loitering, or c) if the Sex Offender returns at any time after having been notified to leave by the owner or any authorized official of such Children's Facility. Three hundred feet (300') shall be measured from the property lines of the parcel so zoned or used of each Children's Facility without regard to intervening structures. Section 10-703. Notice. Registered Sex Offenders, prior to the date this ordinance becomes effective, residing in the City of Santa Ana shall be mailed a copy of this ordinance, first class mail, to their residence with the Santa Ana Police Department. Thereafter, Sex Offenders who register with the City of Santa Ana shall be provided a copy of this ordinance at the time of registration. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 15th day of Mav, 2006 ::::3- APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~~ CvLurn~,,- Paula J. Coleman Assistant City Attorney Ordinance No. NS-2712 Page 4 of 5 AYES Councilmembers Alvarez. Bist. Bustamante. Garcia. Pulido. Solorio (6 ) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Christv (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2712 to be the original ordinance adopted by the City Council of the City of Santa Ana on Mav 15. 2006, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~'-: Ii ~Io~ 6; Patricia E. Healy Clerk of the Council Ordinance No. NS-2712 Page 5 of 5