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Home My WebLink About50A - ORD - REPEAL RESTRICTIONS FOR SEX OFFENDERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2014 TITLE: ORDINANCE REPEALING SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve for introduction an Ordinance repealing Chapter 10, Article XII, of the Santa Ana Municipal Code, pertaining to the proximity restrictions of registered sex offenders to children's facilities. DISCUSSION On June 4, 2012, the City of Santa Ana adopted Ordinance No. NS -2832, which amended the City's sex offender regulations to include greater restrictions. This additional language was based largely on a sex offender restriction ordinance passed by the County of Orange in April 2011. (Ordinance 3- 18 -3.) The Santa Ana Ordinance restricted sex offenders from being on or within 300 feet of a "children's facility," park, or school within the city. "Children's facilities" include public and private schools for minors, commercial day care centers, city parks, the Discovery Science Center, the Bowers Kidseum, the McFadden Learning Center, and the Newhope Branch library. "Sex offenders" included those required to register with a government entity when the offense involved children, as well as those required to register as a sex offender pursuant to California Penal Code §§ 290, et seq. At the time the Ordinance was adopted, many other cities in Orange County had either adopted similar ordinances or were in the process of doing so. The validity of local sex offender ordinances similar to those adopted by Santa Ana has been placed in question due to recent decisions issued by the California Court of Appeal. In both 50A -1 Chapter 10, Article XII of the Santa Ana Municipal Code June 3, 2014 Page 2 People v. Godinez (2014) WL 99188 and People v. Nguyen (2014) 222 Cal.AppAth 1168, the Orange County District Attorney had prosecuted individuals for violation of sex offender proximity restrictions. The Godinez case was based on the County of Orange restrictions, while Nguyen arose from an Irvine ordinance. In both decisions, the Court of Appeal ruled that the restrictions were invalid and preempted by California state law because the California Penal Code sets forth a regulatory scheme restricting the activities and movements of sex offenders. On April 23, 2014, the California Supreme Court declined to review either of the Court of Appeal's decisions. As such, the Court of Appeal decisions are final, meaning that similar local sex offender restrictions in other cities are invalid and unenforceable as well. Based on the Court decision, cities throughout Orange County have sought to repeal their respective ordinances. These cities include Costa Mesa, Huntington Beach, Rancho Santa Margarita, Seal Beach, Tustin, Laguna Hills, and Yorba Linda, among others. Additionally, the City of Santa Ana has been sued in United States District Court by a registered sex offender who claims that the Santa Ana restrictions violate his constitutional rights. (Lindsay v. Santa Ana, Case No. 2:14 -cv -710). At this time, it is recommended that the City repeal Chapter 10, Article XII of the Municipal Code as codified by Ordinance No. NS -2832. FISCAL IMPACT There is no fiscal impact associated with this action 4�z- 99, S R. Carvalho ity Attorney Attachments: Proposed Ordinance Repealing SAMC Chapter 10, Article XII 50A -2 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO 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. On June 4, 2012 the City Council of the City of Santa Ana (the "City Council ") adopted Ordinance No. NS -2832, amending Article XII, sections 10 -700 to 10 -706 to the Santa Ana Municipal Code, thereby adding additional regulations which restrict the proximity of registered sex offenders to children's facilities. B. The California Court of Appeal decisions in People v. Godinez (2014) WL 99188 and People v. Nguyen (2014) 222 Cal.AppAth 1168, held that local ordinances regulating and restricting access to parks and other public facilities by registered sex offenders conflict with, and are preempted by, California state law because of the comprehensive regulatory scheme set forth in the California Penal Code (including Penal Code §§ 290 through 294 and Penal Code §§ 626.81, 653b, 653c, 3000.07, 3003.5, 3004, and 3053.8). C. On April 23, 2014, the California Supreme Court denied the petition for review of the Court of Appeal decisions in Godinez and Nguyen. As a result, the Court of Appeal rulings are final. D. Chapter 10, Article XII of the Santa Ana Municipal Code restricts sex offenders from accessing certain public facilities in a manner similar to those ordinances at issue in both the Godinez and Nguyen cases. Because both of these ordinances were invalidated based on preemption grounds, the Santa Ana restrictions are effectively preempted as well. E. The City Council of Santa Ana thus hereby adopts this Ordinance to conform to the California Court of Appeal decisions and to avoid litigation with any person or organization seeking repeal of city Ordinance No. NS -XXX Page 1 of 7 50A-3 ordinances which are not consistent with the rulings of the Godinez and Nguyen cases. Section 2. Chapter 10, Article XII of the Santa Ana Municipal Code is hereby deleted in its entirety to read as follows: ■ 1. ■ ■. Ordinance No. NS -XXX Page 2 of 7 50A -4 ■ - M."Imp.40~101 IN IN 10 RM MIRM r "10111,11 1 . M."Imp.40~101 IN IN ON WE W-111 1 . 11,1111-01 1.0111mi" �_ •■ • - . •_ t _ Milk Ok NO Ordinance No, NS -XXX Page 3 of 7 50A -5 �i IS 1116-1-0111 aw r:r_�ss:rr.�atss:r_rr. _ w�■n.arr. - - - -- - .. INN- - - - - .. M. MMMMI AILI MMlMl �C; . � - a a .. Ordinance No. NS -XXX Page 4 of 7 y 1 M 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of .12014 Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 5 of 7 50A-7 IN ilff '11 - - - - - -e 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of .12014 Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 5 of 7 50A-7 APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS -XXX Page 6 of 7 y 1 m • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 7 of 7 50A-9 50A -10